Should a part-time employee working full-time hours get benefits?

UPDATED: Aug 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should a part-time employee working full-time hours get benefits?

After a week of being hired by my employer they bumped up my hours to 35-40 a week. I was promised that they would change me over to full-time. I waited patiently and over a month and a half; later I was told they would not make me full-time officially. Even though in the employee handbook they say that 32 hours or more is full-time. So for almost a year I’ve been working with no holidays, vacation or sick pay, or benefits, despite working hard.

Asked on August 11, 2011 Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Even though everyone uses the terms "full time" and "part time," they have no legal effect--the law does not distinguish between full and part time employees.

Whether you are owed benefits, holidays, sick, or vacation pay depends on (1) whether there is any employment agreement between you and your employer (if there is, check its terms), or (2) what are the company's policies in this regard. Generally speaking, and to oversimplify somewhat, companies need to apply their own internal policies consistently. So, while there is no law requiring companies to provide sick or vacation days at all, if they choose to do so, they have to give them to everyone meeting the criteria. So if the employee handbook sets out a policy that anyone working 32 hours or more gets benefits, etc., from what you write, it seems you should, too. You should take a copy of the handbook to an employment law attorney, with whom you can discuss the situation in detail, and who can advise you as to your rights and how to vindicate them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption