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Working full time hours but still receiving part time benefits

Discussion in 'Employee Benefits, Pensions' started by Kim Wooten, Jan 4, 2020.

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  1. Kim Wooten

    Kim Wooten Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I want to know is it legal for my job to have me working full time hours but still only receiving part time benefits. And if it's illegal why can't I do anything about it or get answers. Employees hand book says 30 hrs a week or more is full time.

    Example:
    My co worker is fulltime, but works same job, same team and same hours. Earns 80 hrs pto, 8 paid holidays and a floating holiday. Also more benefits offered that are cheaper.

    I...work full time hours and have been coded as part time and receive only 40 hrs pto and my benefits are less and cost more.
    Again, same team, same job, same company.
     
  2. cbg

    cbg Super Moderator

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    How long have you been working full time hours and how long is it anticipated to continue?
     
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  3. Kim Wooten

    Kim Wooten Law Topic Starter New Member

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    Scheduled full time permanently since about October.
     
  4. flyingron

    flyingron Well-Known Member

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    How many employees in this company? Frankly, other than discriminating against you for protective reasons (race, religion, etc. ..), employers are allowed to treat employees differently. There's no obligation to extend PTO/vacation etc... on the same basis to everybody absent something else (CBU, job contract) to the contrary. About the only thing that is mandated is health insurance once you work more than 30 hours, if the company has more than 50 employees.
     
  5. Kim Wooten

    Kim Wooten Law Topic Starter New Member

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    They have hundreds of thousands of employees and the employee handbook states employees that work 30 hrs or more per week are considered full time and are eligible for full time benefits.
     
  6. hrforme

    hrforme Active Member

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    cbg's question though is a good one. ACA (health insurance mandate for FT employees) has some eligibility/measurement/lookback periods. I suggest OP ask HR what the employer has . defined those as. And make sure HR has OP's eligibility properly coded ....

    In the end the employer can have different classes, but might owe a fine under ACA if they fail to cover OP.
     
  7. Kim Wooten

    Kim Wooten Law Topic Starter New Member

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    OP? Sorry unfamiliar.
     
  8. cbg

    cbg Super Moderator

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    OP - Original Poster - You.
     
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  9. Mac Guinty

    Mac Guinty New Member

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    Part-time employees, on average, work fewer hours than full-time employees. Part-time jobs may include irregular hours, fewer responsibilities, and fewer rewards.
    Part-time employment is not defined in the Fair Labor Standards Act (FLSA). Part-time workers, on the other hand, are determined by the Affordable Care Act (ACA) as those who work fewer than 30 hours a week.
    Part-time workers' hours can vary by the firm because there is no universal amount of time specified for part-time employment.
    Part-time employees, for example, maybe defined as individuals who work up to 34 hours per week in some businesses. Others may classify someone who works fewer than 40 hours per week as part-time.
    Employers must ultimately determine how much a part-time employee can work. Employers should also incorporate rules and hours for part-time employees in their policies.
    Part-time employees may be eligible for benefits such as paid time off. However, most firms provide part-time employees with a limited amount of paid time off or other perks.
     
  10. flyingron

    flyingron Well-Known Member

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    I'm sorry, but there's some bad information there. Several federal laws do make a distinction. The ACA, for instance, requires employees who work more than 30 hours a week (or 130 per month) to be offered health insurance. ERISA requires companies that offer retirement plans, to make such available to any employee that works more than 1000 hours in a 12 month period. It matters not what the employer calls your schedule.

    There are a few others as well. But other benefits and treatment don't have to be equal for even all the employees titled "full time." As long as the disparities aren't based on race, see, etc... an employer is free to treat employees differently.
     
  11. cbg

    cbg Super Moderator

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    And this thread is from January of 2020.
     

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