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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57361
Experience:  Licensed attorney helping employers and employees.
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If an employee works only a 32 hour work week and I as an employer

Resolved Question:

If an employee works only a 32 hour work week and I as an employer still extend full time benfiits of health care and vacation time, am I under any legal obligation to extend to them a 40 hour vacation week, or can the vacation week reflect their weekly benchmark of 32 hours?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Infolawyer replied 8 years ago.
What state is this in?
Customer: replied 8 years ago.
We have a staff member that was working 40 hours a week and went voluntarily to 32 hours. Intially the employee didn't want to go to 32 hours but we sweetened the pot by allowing them to keep their benefits inclusive of health care, paid holidays and vacation time (with the caveat that the vacation weeks would be reflective of their new work week of 32 hours.)   Nothing had been put in writing as the staff member was a long timer with the company. Offer and acceptance had been strictly verbal.

At the first vacation pay check a few months later the staff member objected and asked for a 40 hour check.

Since the staff member is only a 32 hour per week employee and is technically part time according to our company handbook, does the employer have sole discreation on paying out said benefits in question or is their any legal precedent or Florida State Law that addresses this situation more clearly?

Our Company Handbook states:
A.     By Number of Hours Worked
          (1)     Full-Time Employees -Hourly
          Full-time employees are all those having a regular work schedule of the following variable hours, (32) thirty two hours during the summer and/or slow business times, forty (40) hours to (48) forty eight hours per week during the busy season Any hours over forty will be paid as over time.
Expert:  Infolawyer replied 8 years ago.
Florida law leaves it to the employer to decide on benefits and vacation. vacation is not legally required at all so it is a matter of employer policy and negotiation with the employee.   
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Customer: replied 8 years ago.
Thanks for the quick response.