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When does a temporary or part-time employee become a full-time employee?

Situation: A part-time employee recently has been working up to 40 hours a week but is not receiving full-time benefits.

There is no specific number of hours that an employee must work before he becomes a full-time employee under federal law. That definition is created by the employer. Most employers define full-time employees as those who regularly work 35 to 40 hours a week. These employees typically are entitled to benefits such as paid sick leave and vacation and insurance coverage. Part-time employees are any employees who work less than a full-time schedule and may receive some benefits. Temporary employees may work either a full or part-time schedule but are usually hired for a specific project or for a finite period of time and do not receive any benefits.

If a part-time employee works a full-time schedule on a temporary basis, such as to complete a project or during a busy production period, most employers do not reclassify the employee as a full-time employee eligible for full-time benefits. However, if it appears that the part-time employee will be working a full-time period for an extended period of time or indefinitely, the employer should consider reclassifying the employee so that he is entitled to the benefits of a full-time position. The same is true for temporary employees — if they are working indefinitely or in a position normally performed by full-time employees, they may be misclassified and should be reclassified as full-time employees.

 

This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.

 
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