San Jose, CA asked in Employment Law for California

Q: In California, as an employer, would I have to pay benefits to part time employees?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: It depends on what benefits you are talking about.

California employer must provide paid sick leave for part time employees.

Under federal Affordable Care Act, federal law does not require employers to offer health insurance to part-time employees. The Affordable Care Act’s definition of part time working on average less than 30 hours per week, or less than 130 hours per month for more than 120 days in a row. Any employer who works more than those hours is covered under the Affordable Care Act and consequences can be experienced by the employer who does not offer insurance to such employees. Offering health insurance to part-time employees as defined by the ACA is totally up to you as the employer.

Vacation and non-sick pay PTO is also up to the employer to offer or not.

Good luck to you.

Brad S Kane agrees with this answer

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