[12345 SJ]

I am as a 1099, on a based salary of 1600 a month. I get almost 2 weeks off paid vacation every year. Been working with same company for almost 4years. How should I handle my maternity leave and Im I entitle to get some paid time off? Since we pretty much do everything as a w2 but my boss left me as a 1099 so I could get more of a based income. I do work from 8am to 5pm, Monday to Friday. I am so confused??

[ScottGem]

Sounds like your boss is illegally treating you as a consultant instead of an employee. But as a consultant you are not entitled to any benefits not in your contract.

[12345 SJ]

I have the option to change to w2 when ever I might want, but not sure what would be better for me to change and see if I qualify for maternity disability or stay and make an arrangement. I am sure I will get time off, but wanted to know if I have any options on the pay. Thank you

[ScottGem]

The IRS has rules about what constitutes a wage employee or a contractor. Nothing you have said makes me believe you qualified as a contractor.

[joypulv]

'my boss left me as a 1099 so I could get more of a based income'

Not true, come April 15. You owe a lot of taxes on 1099 income, number one reason being that the employer doesn't have to pay half the FICA deduction. I suspect that he knew that, and took advantage of you not knowing. You will need to figure out some way to have some deductions on Schedule C. Self employment tax has to be paid on Schedule SE. Then you fill out a long form 1040.

[Fr_Chuck]

Agree, as a W2 you have to pay the full amount of social security, instead of company paying about 1/2, you get no unemployment benefits, and are not suppose to be getting vacation pay normally. There is no sick leave or maternity leave either unless your contract lists it