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Part time but full time California

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  • Part time but full time California

    I was hired at my current job while I was going to school 2 years ago. They accommodated my schedule by making me part time. In my company working 40 hours per week is considered full time which comes with partial health insurance, matching 401k oppurtunities, paid sick days, paid holidays, and paid 2 weeks of vacation. If you are part time then you get a pay check for how many hours you work and that's it.

    Over the first year I worked probably close to 30 hours per week so there is no issues there. Starting near the beginning of the 2013 calendar year I took on a more vital role and started taking strictly night classes to make my scedule jive with my workload. I never directly approached my manager about the possibility of changing to full time because I wasn't sure what my schedule would be the following semester. All in all I am on pace to fulfill the 2,080 regular hour criteria to be considered a full time employee. Would I have a claim to the full time benefits if I worked the proper number of hours as a part time employee on paper? I don't think this matters but I am an at will employee. Any other info needed? Thanks for the help!

  • #2
    Almost everyone is an "at will" employee. Pretty much the only way your or anyone else becomes other then "at will" is to have a valid employment contract.

    There is no simple answer to your benefit question. If we are talking ERISA (a federal law) benefits only (retirement, health plan), then these beneifts must have a Summary Plan Document, which your employer must give you if asked, which will contain all the rules for YOUR COMPANY's version of THAT benefit. And your employer must follow their published rules to the letter.

    If we are talking about any other type of benefits, then we are talking about non-ERISA benefits with no such federal requirements. At best we are talking about state law, which means different rules for each state (and each benefit in each state). We are maybe talking about the exact wording of your benefit policies (if any), but point of fact, for non-ERISA benefits (even in CA) there is not a lot in the way of federally imposed rules.

    I would just talk to your HR department.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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