Human Resource Blog

Hours required for an employee to be full time

I have an employee who only wants to work 30-33 hours
a week. This employee has been full time for 3 years.
Am I required to continue paying for holidays, sick
time and vacations?

First of all, there is no reason to let this employee dictate her schedule to you. Unless FMLA or ADA is involved, the employer never has to let any employee work part-time, unless it is more convenient for the employer. You can simply say, *I need someone who is available full-time for this position. If you are not, I will have to find someone who is.*

Be aware that if you allow this employee to switch to part-time hours, you may have to permit other employees to do the same. However, it may be that you have a part-time position open, and this employee wants it.

Full-time and part-time are matters of company policy, not employment law. Many employers would consider someone who averages 30 or 32 hours per week full time, but there is no requirement that you do so. There is no state or federal law that any employer has to offer paid sick leave, paid vacations or paid holidays, ever, to any employee. If you offer those benefits, you set the company policies regarding them. So you could certainly establish a policy that part-time employees (averaging less than 38 hours per week) are not entitled to any of those benefits. (If you are in California, the rules are slightly different.) Many employers do not offer group health insurance to part-time employees.

Naturally, the employees salary will also be prorated. If this employee is exempt and you need tips on how to do that, post another question.