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Ask Leslie: What Is A Part-Time Employee And Do I Have To Offer That Person Paid Time Off?

Dear Leslie:

We want to hire a part-time employee. How many hours makes an employee part-time, and will the employee be entitled to PTO?

Signed: Phillip


Dear Phillip:

Typically, full-time is considered from 32 to 40 hours per week. However, different laws have different definitions of part-time and full-time status. For purposes of the Affordable Care Act, for example, full-time is considered 30 hours a week or more.

There is no law requiring an employer to provide vacation time to any employee, full- or part-time. However, most employers have a personnel policy that determines which employees are entitled to accrue paid time off and how that accrual is calculated. Your policy should address your decision regarding full- and part-time employees. Many employers do offer PTO to part-time employees.

Jack McCalmon and Leslie Zieren are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.

If you have a question that you would like Jack McCalmon or Leslie Zieren to consider for this column, please submit it to ask@mccalmon.com. Please note that The McCalmon Group cannot guarantee that your question will be answered. Answers are based on generally accepted risk management best practices. They are not, and should not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.

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