current poolicy - FT employee is working over 30 hrs could this be changed to 36 hours just for 1 de

non-profit residential facility for developmentally disabled - we have state mandated ratios to be met to care for our individuals. Current policy states a PT employee can work up to 29 hrs each week - a FT employee works over 30 hours each week and is elegible for benefits after 90 days. In 1 department because of scheduling/ratio requirements it would be more beneficial if the PT employees could work up to 36 hours each week. Can such change be done for departmental needs? How would this effect our policy as far as being eligible for benefits? Is there a reference with the FLSA that I can show to President to back up any information received about this?

1 answer  |  asked Mar 8, 2012 2:11 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
There is an interplay between the statutes and the benefit plans related to the employer. The "30" hour cutoff is driven by the benefit plan and not by the FLSA. This requirement is generally imposed to prevent some "Full Time" employees being classified as Part Time in order to avoid coverage. The FLSA does not worry about how an employee is classified between full or part time, but rather focuses on the pay to the individual. You can call someone part-time if you want at 36 hours, but under the benefit plans the employer must provide coverage on the same basis as other full time employees receive.

See an employment attorney, you can chose one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Mar 9, 2012 07:26 AM [EST]

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