What Constitutes Full-Time Employment

Susan · June 2003

I'm in NY. We have an employee who works 35 hours per week but is classified in our records as temporary and he is paid through our regular payroll system. We don't give him any benefits. All of our Plan documents have eligibility of the employee's status being Regular Full time and working 35 hours or more per week in order to qualify. Does anyone know if this employee should be receiving benefits even though he is classified as a temp or do we need to reclassify him as full time?
Also, does anyone know if legally speaking, is it the 35 hours or the "Regular Full Time" wording that drives the employee's qualification?

Help. Thanx.

Whatever · June 2003

I'm a little confused. The question seems to refer to full-time vs. part-time, what does temporary have to do with it.

Susan · June 2003

We never considered this employee part-time. We always thought of him as being temporary with full-time hours because we thought he would be working on a project for a certain amount of time and then it would be over, but it has been going on for much longer than we originally thought.

sonny · June 2003

That was going to be my question.. .how long has it been going on? I know it something you don't want to do for a real long time. Have never gotten in "trouble" for it, but remember labor attorney saying, "Don't do it or pay the benefits". I remember a lot of the big automotive plant "up north" working temps for so many days, then dropping them so they would not have to pay benefits. Would guess that was part of a CBA

Sambuka · June 2003

I think you need to be governed by your plan documents. Our health insurance states you have to work 17 hours at week and be employed for 3 months. Our 401(k) states 1000 hours, age 21 and 3 months of employment. If he is being paid like any other employee you should provide the benefits per your plan descriptions.

gillian2 · June 2003

Full time and part time are what you define them to be. Many employers choose to define it as do their benefit plans but that is just for convenience. The biggest problem, as you have noted, is working part timers without benefits at, or close to, the hours worked by full timers with benefits. That creates nothing but problems. It is best to switch someone like you have described to full time and pay the benefits, or make sure that hours worked really are part time.

LFernandes · June 2003

When you hired him, was it for a position for which there was a definate start and end date to either supplement your workforce or to assist with a project? Temporary usually means that employment is of a limited duration. How long has this EE been working as a "temp" At a previous employer, EE's were considered temporary for 1 year. After 1 year they became regular employees and were offered benefits as long as they routinely worked 40 hours.

Where I am now (also NY). An employee must routinely work 40 hours in order to be benefit eligible. All of our benefit plans are set up that way except our 401K whereby EEs working over 20 are eligible to participate.

It seems as if you have a two-fold classification problem:

Is the employee Regular or Temporary
Is the employee benefit eligible

Answer the first question and you'll have the answer to the second one.

LFernandes

What Constitutes Full-Time Employment

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