Human Resource Blog

part time hours

What are the criteria for determining part time hours? Can it be an average of hours over a period of time? This is in Illinois

The issue of part-time or full-time is a matter of company policy, not of employment law. There is no Illinois or federal law that covers this topic. From a legal perspective, there is no difference between a part-time employee and a full-time employee. For example, both are covered by minimum wage and overtime laws, and both are entitled to unpaid, job-protected leave under FMLA.

However, many companies make a distinction between part-time and full-time employees for benefit purposes — and this is completely lawful. A company may offer benefits like paid vacation or sick time to full-time employees, but not part-time employees. More commonly, employers may offer group health insurance to full-time employees but not part-time employees. (This is common because the employer pays as much for health benefits for a part-timer as for a full-time employee.)

The best practice in HR is for the employer to average hours over a period of time (usually the last 3 months) to determine part-time or full-time status. Suppose XYZ Corp. defines full-time as working 40 or more hours per week. Employee Suzy works 40 hours for 3 weeks, then works just 20 hours one week. That is 140 hours divided by 4 weeks, so Suzy averages 35 hours per week. That is considered part-time at this company.

However, there is no law that the employer must figure full-time or part-time status this way. Some employers consider a worker part-time if she works fewer than 40 hours in a single week.

Employers establish different levels for full-time status. At some places of employment it is as low as 20 hours per week, while at others it is 40 hours per week. Nationwide, the average is probably 30 to 32 hours per week. (During the current economic crisis, many employers have reduced the threshold for full-time employment temporarily, to accommodate employees who have had their hours cut. For example, one Illinois firm decreased the hours for full-time from 32 to 24 earlier this year.)

Note, however, that the employees status must remain the same when the employee is taking unpaid time off under FMLA, and in some cases ADA.

When an employee loses group health insurance coverage for a voluntary or involuntary reduction in hours, the employee usually qualifies for COBRA under state or federal laws.