Part Time Full Time Distinction
Today’s burning question: I am a part-time firefighter. What is the maximum number of hours that I can work without being considered full-time or entitled to the same benefits of the full-time firefighters? I am not concerned about qualifying for benefits I just want to know how many hours I can work.
Answer: There is no universal answer to your question. Every work place will have its own rules/definition on who is full-time and who is part-time – and there are many other jurisdictional issues to considerations: state laws, civil service regulations, collective bargaining agreements, local charters, local ordinances, perhaps even agreements with benefit providers. Each of these may/will affect the definition of part-time and full-time.
Some employers have an overriding concern about part time employees unionizing – so they want to keep hours low, irregular and contingent (note – there is no universal number of hours that part-time employees must work to be eligible to unionize). Other employers want to avoid having to pay full-time benefits, overtime, or allow employees to qualify for tenured civil service positions.
The Patient Protection and Affordable Care Act (PPACA), commonly referred to as Obamacare or the Affordable Care Act, was signed into law by President Obama on March 23, 2010.
Employers of more than fifty full-time employees must offer their full-time employees affordable health care, or pay a penalty. For purposes of the PPACA, a full time employee is defined as one who works at least thirty (30) hours per week.
To know for sure how many hours is considered to be full-time in your situation you would need to check with a local attorney who can research all of the issues affecting your particular department.
In regards to part-time firefighters, here is a ruling that was issued recently in the state of Maine granting part-time per diem firefighters the right to join the same bargaining unit as full time firefighters in Westbook. Westbrook Per-Diem Findings
Does this mean if part time firefighters are working more than 30 hours per week, they have to offer them health insurance?
Would it have to be a consistant 30 hours?
Not really. It means if an employer who has more that 50 full time employees, does not offer health care to part time employees who work at least 30 hours per week, they can be fined $2,000 per employee.
It does not give part time employees an "entitlement" to health care.
The rules on determining who qualifies are quite complicated and way beyond what I can explain here. Do a web search and you will see what I mean.
yes…this is a huge issue where I work. And getting answers is impossible. Now we are being told any hours we work as overtime are being counted against us, as is holiday pay and any may we may receive even if we are not actually working. Being a Twp. FD in ohio, PT FFS are already limited to 1500hrs a year. Divide that by 52 and you get 28.something hrs a week. Under the 30hr cap. but if you include the occasional overtime pay we get on holidays and the 4 hours pay we get on holidays we dont work…that makes it all pretty darn close. How can hours I physically not work count? And here is the kicker….I have full insurance through my wife and that will not change…so how does that work? Does that make me exempt from the 30hr rule as long as I maintain insurance with the wife (can I opt out of insurance with the FD and work more hours)? Once again….no one can answer! I can understate the political folks not wanting to pay insurance…..but someone out there has to have some answers!!! Like 1800-obamacare or something!!! And what about as a part time guy you work multiple departments or a full time guy that works part-time more than 30hrs a week at another department (hard to do…but it happens). How does that work? Help Curt!!! Someone out there has to know these answers!!!!
Brett
Its a little like asking if there is a fire on the first floor and there are people trapped on the second will they be saved. There are answers to some of your questions and guesses as to the rest. Best bet is to sit down with an attorney who knows the FLSA and is willing to research the PPACA – and can fill in the gaps.
Some of the issues will have to await court descisions interpreting the PPACA. Much will depend on the specifics of your workplace. In Ohio – Chip Comstock is where I would start for legal advice.
there is a problem with legal advice……it costs money. I just want the department to do what is best to serve the community…and right now we have a huge manning shortage do to a lack of part-time firefighters to compliment our full time guys. If there is a way for a part-time guy to work a few more hours because they have insurance thourgh another source…this would be a good thing for the FD. By no means would I want the part-time folks to step on the FT guys toes. Besides one would think running an operation with say 100 employees is easier that 150.