Part-time workers' rights (2024)

Part-time workers are protected from being treated less favourably than equivalent full-time workers just because they’re part time.

A part-time worker is someone who works fewer hours than a full-time worker. There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a week.

Part-time workers should get the same treatment for:

  • pay rates (including sick pay, maternity, paternity and adoption leave and pay)
  • pension opportunities and benefits
  • holidays
  • training and career development
  • selection for promotion and transfer, or for redundancy
  • opportunities for career breaks

Some benefits are applied ‘pro rata’ (in proportion to hours worked). For example, if a full-time worker gets a £1,000 Christmas bonus, and a part-time worker works half the number of hours, they should get £500.

Overtime pay - part-time workers may not get overtime pay until they’ve worked over the normal hours of a full-time worker.

When employers can treat part-time workers differently

There are some situations when employers do not have to treat part-time workers in the same way as full-time employees. In these situations the employer must be able to show there is a good reason to do so - this is called ‘objective justification’.

Example

An employer may provide health insurance for full-time employees but not part-timers if this can be objectively justified.

Their reason may be that the costs involved are disproportionate to the benefits part-timers are entitled to.

In this case the employer may come up with an alternative like asking the part-time worker to make a contribution to the extra cost.

If a part-time worker’s been treated less favourably

Part-time workers should first discuss this with their employer or trade union representative.

They have the right to get a written statement of reasons for the treatment from their employer. The request should be in writing and the employer must write back within 21 days.

If the worker is not satisfied that the reason given was objectively justified, they may be able to take a case to an employment tribunal.

Part-time workers' rights (2024)

FAQs

What is the law for part-time hours in California? ›

Generally, part-time means less than 40 hours per week in California. That said, there really isn't a California law that sets a hard line for full-time employment.

What benefits do part-time employees get in California? ›

Other than healthcare benefits, part-time employees receive all the same allowances by law as full-time employees. Part-time employees who work more than 40 hours per week are eligible to receive overtime pay (time and a half) and are also eligible for paid sick leave.

What is considered part-time in Louisiana? ›

(11) "Part-time employee" means an employee who as a condition of his hiring knowingly accepts employment that (a) customarily provides for less than forty hours per work week, and (b) that is classified by the employer as a part-time position.

What is considered part-time in Georgia? ›

The rights and obligations of the employer and the employee are generally the same for part-time and fulltime work. (Part-time work is less than 40 hours a week.) However, temporary part-time employees or those who work less than 20 hours a week usually are not eligible for benefits.

Do part-time employees get sick pay in California? ›

Does paid sick leave apply to all employees who work in California? All employees who work at least 30 days for the same employer within a year in California, including part-time, per diem, in-home supportive services (IHSS) providers, and temporary employees, are covered by this law with some narrow exceptions.

Is 32 hours full-time or part-time in California? ›

In California, full-time employment is typically defined as working between 32 and 40 hours per week. However, it's crucial to understand that under the Affordable Care Act (ACA), individuals are generally considered part-time if they work fewer than 30 hours per week and full-time if they work 30 hours a week or more.

How many hours do you have to work to get benefits in California? ›

If I am a full-time employee, is it required for my employer to offer me benefits? Larger employers, with 50 employees or more full-time employees are required to offer healthcare benefits to those workers working at least 30 hours a week, or at least 130 hours a month, or pay a tax penalty.

Is 30 hours a week part-time in California? ›

The standard definition of full-time hours in California is between 32 and 40 hours per week. However, it's important to note that after the implementation of the ACA, workers are considered part-time if they work less than 30 hours per week, and full-time if they work 30 hours a week or more.

Can part-time employees get unemployment in California? ›

If you work less than full-time, you may still be eligible for partial UI benefits. The first $25 or 25 percent of your gross total earnings for the week (whichever is greater) will not be counted toward your benefit amount. The amount remaining will be deducted from your weekly benefit amount.

What is the longest you can work without a break? ›

If you work for more than 6 hours a day, you're entitled to an uninterrupted rest break of at least 20 minutes - for example a tea or lunch break.

Can part-time employees be exempt in California? ›

Key Takeaways. Part-time exempt employees must meet the minimum salary requirement of $684 per week. Compliance with both salary and duties tests is essential for proper classification of part-time exempt employees. Part-time exempt employees must receive their full weekly salary regardless of hours worked.

Is 32 hours a week full-time at Walmart? ›

Expert-Verified Answer

- By setting the threshold for full-time employment at 32 hours instead of the standard 40 hours per week, Walmart can classify employees as part-time and thereby avoid providing benefits such as health insurance, paid time off, and retirement benefits.

Is 32 hours full-time in Louisiana? ›

Full-Time Position—a position in which a person works at least 32 hours per week. Part-Time Position—a position in which a person works at least 20 hours per week but less than 32 hours per week. C.

What state has the highest minimum wage? ›

These states and localities have the highest minimum wage rates in the U.S.:
  • District of Columbia: $17.
  • Washington: $16.28.
  • California: $16.
  • New York City and Nassau, Suffolk, and Westchester counties: $16.
  • Connecticut: $15.69.

How many hours is part-time a day? ›

Full-time and part-time hours are usually expressed by the week or month, with 40 hours per week being the traditional standard for full-time. Therefore, anyone who consistently works less than eight hours per day could be considered a part-time employee, though it ultimately depends on the employer's policies.

How many hours is a part-time job in a day? ›

Full-time and part-time hours are usually expressed by the week or month, with 40 hours per week being the traditional standard for full-time. Therefore, anyone who consistently works less than eight hours per day could be considered a part-time employee, though it ultimately depends on the employer's policies.

What are the legal part-time hours in the US? ›

A full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month. According to the US Bureau of Labor Statistics (BLS): Full-time employment is usually 35 hours or more per week. Part-time employment is usually 1 - 34 hours per week.

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