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Thread: Part time vs. Full Time employee Missouri

  1. #1
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    Question Part time vs. Full Time employee Missouri

    Does the state of Missouri have any laws that say if you are part-time, and work full-time hours, that you are now full-time?

    Scenario: Part-time employee for years is now working 40+ hours to help out. When are they classified as a full-time employee? The first week they work over 40? Or do they have to do these hours for a period of time before being considered full-time?

    I am assuming the big issue between part-time and full-time is benefits?

  2. #2
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    No, Missouri does not. Benefits is usually the primary issue when it comes to classifying employees. However, each benefits plan can have its own definition of who is eligible and, if the term "full time" is used, best practice is for that term to be defined. So, in short, this is not an issue addressed by law, either federally or in Missouri.
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  3. #3
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    Agreed. Also, not all benefits are the same.
    - There is a federal law that covers employer provided medical and retirement plans (including 401(k)) called ERISA. This law does not require that employers offer such benefits, but if the employer does choose to offer these benefits, then the employer must have a published plan and must make something called a Summary Plan Document (SPD) available to any employee who asks. Also the employer must follow an ERISA level benefit plan to the letter, or very bad things happen to the employer.
    - All other types of benefit plans are generally not ERISA. Meaning that the state may or may not have rules, but that is the decision made by each state. Past that, the employer may or may not have a written plan or policy, and the plan/policy may or may not be legally enforcable. This would be very specific to the exact wording of the document, assuming that there is actually a document.

    So certainly read the plan(s). Just be aware that not all plan(s) are created equal.
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