Employee or Self-Employed?
Circle your answer for each of the questions, which could be two answers at times. None of these factors is determinative, and there is no formula or number where a midwife would certainly be considered an employee, but the more answers that you circle in the employee column, the more likely it is that a court or the government would conclude that the midwife is an employee. Where the answer is likely to be the same for all practice groups, we have underlined the answer.
|
Employee or Self-Employed? |
Employee | Self-Employed |
|---|---|---|
| Does the midwife have a contract that describes them as an independent contractor? | No | Yes |
| Is the work that the midwife performs central to the practice group’s business? |
Yes |
No |
| Does the midwife have a long-term relationship with the practice (e.g., more than one year)? | Yes |
No |
| Is it possible that the midwife's expenses (e.g., car, birth bag, phone) will exceed the income and funding for those expenses (e.g., course of care fees, equipment funding, travel expenses)? |
No |
Yes |
| Is the midwife, as an individual, competing with other midwives for clients? |
No |
Yes |
| Does the midwife have their own independent business (e.g., employees or an office)? |
No |
Yes |
| Who owns the tools and equipment used outside of the clinic (e.g., birth bag, car) and inside the clinic (e.g., computer, beds, autoclave)? |
Practice |
Worker |
| Who controls how the work is performed (e.g., protocols, caseload, clinic hours, vacation schedules)? |
Practice |
Worker |
| TOTAL: |