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Part-time & Benefits
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Part-time & Benefits
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Employee classified as part-time. EE manual states part-time works 30 hours or less per week. This employee has been working 35-40 hours per week for almost 3 months now. Is employer required by any l
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Part-time & Benefits

posted at 4/15/2009 1:01 PM EDT
Posts: 9
First: 4/15/2009
Last: 7/24/2009
Employee classified as part-time. EE manual states part-time works 30 hours or less per week. This employee has been working 35-40 hours per week for almost 3 months now. Is employer required by any law in Colorado, or USA to offer this employee benefits and leaves now, or after any amount of time that this employee continues to work full-time hours as a part-time employee?

Part-time & Benefits

posted at 4/15/2009 2:03 PM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
Colorado and federal law do not require that an employer provide benefits such as vacation, holiday pay, or health insurance.

However, you should ask HR to see the Summary Plan Description for the company's health insurance benefit. There will be a precise definition of what an employee is for purposes of eligibity for heatlh insurance.

Part-time & Benefits

posted at 4/15/2009 5:08 PM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
"...for purposes of eligibity for heatlh insurance."

And eligibility too

Part-time & Benefits

posted at 4/16/2009 6:10 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
also, if you have a 401k plan, you need to check if they have met the minimum hours on that for eligibility or realize they will hit that sooner than planned.

I know that a few years ago, we got into this situation and our broker/carrier said it was up to the employer to reclassify the employee to fulltime hours. But our situation was that the hours would be dropping below rather than going above. So check with your broker/carrier to see how the contract(s) are written.

Part-time & Benefits

posted at 4/16/2009 9:39 AM EDT
pf
Posts: 118
First: 2/28/2008
Last: 7/29/2011
I did a google search on this because I remember it coming up when I worked at a hospital, which often hired non-benefited part-timers and had them work full time hours.

Anyway, when I searched, I found an old posting from this board asking a similar question, which Nork provided further insight which I thought might be relevant here...

http://www.workforce.com/assets/viewtopic.php?topic=18573&forum=54&4

Part-time & Benefits

posted at 4/20/2009 8:20 AM EDT
Posts: 1047
First: 4/11/2002
Last: 9/14/2011
He's still classified as part-time, so until your organization deems him as a full-time employee, he isn't eligible. With that said, you could be running the risk f a lawsuit since he's been working full-time for several months now.

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