Ask the Expert series featuring Bent Ericksen & Associates

Question: My employee manual states that working 32 hours per week is considered full-time employment and thus entitles employees to benefits such as vacation time. I revised that to 30 hours to accommodate an employee’s schedule a few years back. I now have one employee who works only 30 hours and has been receiving benefits for the past four or five years. My question is: Can I change the requirement back to 32 hours? If so, how should I handle this employee? Should I increase her hours? Should her hours stay the same and her benefits continue? Can I stop the benefits?

Answer: What constitutes full-time employment is not defined by law. It is based solely on the business necessities of the employer. Therefore, you can change the full-time designation back to 32 hours if that is your preference. You would not, however, want to set the number so high that no one qualifies as full-time. It should be attainable, just not by everyone.

As for handling this employee, you can force/allow her to keep her current schedule and, therefore, lose her benefits, or you can give her the option to increase her hours in order to keep her full-time status. If she does not add more hours, then she would be subject to the benefits, or lack thereof, available to part-time employees.

Another option is to change the designation of full-time employees to 32 for all future hires and "grandfather" the current employee in at 30 hours with full-time benefits. You should establish this agreement in writing for your records.

Question: Am I required to pay employees regular pay during their time on jury duty, and if so, do they have to serve a certain amount of time for me to pay them?

Answer: This is a state-specific and sometimes city/county-specific regulation. Many states/cities/counties do regulate that employers must pay for time spent on jury duty. You will need to check with your state/city/county to determine your jury duty pay requirements. In all cases, regardless of compensation issues, an employee cannot be discriminated or retaliated against for participating in jury duty.

Do you have a question pertaining to HR issues? If so, CLICK HERE to submit your question to Bent Ericksen & Associates.

For more than 25 years, Bent Ericksen & Associates has been a leading authority in human resources and personnel issues, helping dentists successfully deal with the ever-changing and complex labor laws. To receive a complimentary copy of the company’s quarterly newsletter or to learn more, contact them at (800) 679-2760 or www.bentericksen.com.

Note: The opinions expressed are based on the writer’s comprehensive background as a Human Resources professional and the policies in our Bent Ericksen & Associates products having been reviewed by legal counsel. The writer is not an attorney and the advice provided in this message should not be construed as a legal opinion. If you have legal questions after considering the advice and reading any materials referenced, it is recommended that you consult with your attorney.