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Leased and Temporary Employees on EPL Policies

Published: Feb 15, 2015

Are leased and temporary employees covered on employment practices liability policies? This question should be considered with respect to employees as insureds and employees as claimants under EPL policies. Since EPL policies are not standardized, the first place to look for the answer is in the policy itself.

Most EPL policies define "employee" to include leased workers and temporary employees. When this is done, an EPL claim against a leased worker or temporary employee brought by a leased worker or temporary employee is covered.

At least one EPL policy offered by one insurer covers claims brought by leased or temporary employees only if the insured has purchased Third-Party EPL coverage.

If the definition of employee does not clearly include leased and temporary employees, the agent should pose the question directly to the insurer and request a response in writing.