Fair way for company to determine full-time work status?

WAZ

Golden Member
Jan 17, 2001
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My employer offers holiday pay to full-time employees working 32 hours per week. I work 4 days a week, 32 to 33 hours per week, every week. So normally I qualify for holiday pay.

However, they did not pay me for 4th of July... which is money I very much need and rely on and expected to get. When they did the math (averaging the last 3 months), I had ONE sick day in June. It's literally the ONLY day I've called off all year.

So from their perspective: tough sh*t. If you do the math, working 32 hours a week for 11 weeks and having one week in there at 24 hours because I got sick once, and that totals 376 hours... which comes out to a 31.33 hour "average" for these last three months. From my perspective it's B.S. since I ALWAYS work 32+ hours every single week... except of course that one sick day. Hell, by that logic, I could work 32 hours every week for a year, but if I call off one sick day ever, it'd still come out to 31.8 as an "average". Is there no way to do it where one lone sick day screws you out of your full-time status? I feel it's also as much about missing one day as the bad timing of it. I could call off 3 weeks in February and have no problem, but if I miss one sick day (or take a paid vacation day... or have another paid holiday fall on a work week... both of which count against my calculated time) within 3 months of a holiday, I won't get paid for the holiday.

I fully understand this isn't a DOL thing, and employers don't have to provide this benefit, and it's up to them how they want to do it. But I do feel it's unfair to strip someone's holiday benefits because they were sick once in 6 months. Besides just complaining about it to them, is there anything I can do? Any advice to determine a "fair" way for them to determine my full-time status? Or is this just the way it is, black & white, if the numbers don't add up to 32 because of missing one day I'm screwed and am no longer eligible for holiday pay?
 
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DrunkenSano

Diamond Member
Aug 8, 2008
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If the minimum is 32 hours, it's 32 hours. If want sick days, you should work more than 32 hours in case you have unplanned sick days. Work more instead of the bare minimum, then you won't have to worry too much about meeting the quota.
 
Feb 25, 2011
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If the minimum is 32 hours, it's 32 hours. If want sick days, you should work more than 32 hours in case you have unplanned sick days. Work more instead of the bare minimum, then you won't have to worry too much about meeting the quota.
In many jobs you don't have that option. You get 32 hours and that's it. Clock in for more and expect a write-up.

I'm surprised that sick time would count against full time status, though. And taking an average like that seems fishy, but laws vary from state to state and company to company.
 

WAZ

Golden Member
Jan 17, 2001
1,642
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But that only applies to ACA coverage. For other purposes, companies are free (subject to state law) to make their own determination of what constitutes " full-time employment."
Yeah, I know it's not a mandated amount. My issue isn't so much with full-time being considered 32 hours; it's how they calculate whether you're a 32-hour-per-week employee. I know they are free to set it however they want.

If the minimum is 32 hours, it's 32 hours. If want sick days, you should work more than 32 hours in case you have unplanned sick days. Work more instead of the bare minimum, then you won't have to worry too much about meeting the quota.
Unfortunately those are my scheduled hours. I can stay late a few days and get up to 33 or even 35 hours (which I've done numerous times)... but I can't come in on my "off day" and work 40 to make up for a single 8-hour sick day.
 

Genx87

Lifer
Apr 8, 2002
41,091
513
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Find a better place to work. Any company that is going to pull a screw job like that is a shit place to work. They clearly dont appreciate you. So find a company that will.
 

TwiceOver

Lifer
Dec 20, 2002
13,544
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I'm sure in the handbook it probably states "average hours over {span}". My wife has similar requirements and during the summer she is always real close to the minimum. Sometimes she has to borrow hours from people to keep from losing our insurance.

Her minimum is 22hrs though, so it's not tough to work an extra shift every now and again.
 

WAZ

Golden Member
Jan 17, 2001
1,642
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81
I'm surprised that sick time would count against full time status, though. And taking an average like that seems fishy, but laws vary from state to state and company to company.

Yeah, that's the part I don't like. They haven't done anything illegal by denying me this pay; it's a benefit they offer and this is how they've chosen to structure it. But I don't like how they are using an average like that when they count a sick day, a pre-approved paid vacation day (via accrued earned time), or another holiday against someone's full-time status.

For example, I've earned vacation time and if I use that to take a day off, it counts against my full-time status. Taking Thanksgiving off as a paid holiday counts against my full-time status when calculating for Christmas, assuming I have not slowly been able to make up that time a couple hours per week.
 

TwiceOver

Lifer
Dec 20, 2002
13,544
44
91
Yeah, that's the part I don't like. They haven't done anything illegal by denying me this pay; it's a benefit they offer and this is how they've chosen to structure it. But I don't like how they are using an average like that when they count a sick day, a pre-approved paid vacation day (via accrued earned time), or another holiday against someone's full-time status.

For example, I've earned vacation time and if I use that to take a day off, it counts against my full-time status. Taking Thanksgiving off as a paid holiday counts against my full-time status when calculating for Christmas, assuming I have not slowly been able to make up that time a couple hours per week.

Wait... Was this paid time off or unpaid?

I don't think they can count vacation or paid sick time against your hours for determining full time eligibility. I could be wrong. If they do, that's some shady bullshit.
 

WAZ

Golden Member
Jan 17, 2001
1,642
2
81
Wait... Was this paid time off or unpaid?

I don't think they can count vacation or paid sick time against your hours for determining full time eligibility. I could be wrong. If they do, that's some shady bullshit.

The one sick day was unpaid. We don't get paid sick days.

But vacation/PTO days are paid time off, but also count against full-time status.

This whole thing has struck me as - yeah, perfectly legal, but definitely bad business and not a great way to treat employees.
 
Feb 25, 2011
16,994
1,622
126
Find a better place to work. Any company that is going to pull a screw job like that is a shit place to work. They clearly dont appreciate you. So find a company that will.

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