Legal Question in Employment Law in California

Part-time benefit requirements

There are two employees--one full-time benefited (health, etc.), the other part-time non-benefited--who both perform the same duties. Is there any state (CA) or federal law that obligates the employer to provide the same benefits (pro-rated) to the part-time employee when s/he exceeds a certain hourly threshold (20 hours/week, 21 hours/week, etc.)?

If there is, can you please provide the code citatio? Many thanks for your assistance.


Asked on 6/19/02, 3:37 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Part-time benefit requirements

There is no such law. Employee benefits are discretionary on the part of the employer. They don't have to be offered at all. If they are offered, employers may set specific criteria to qualify for them, as long as the criteria is not illegal, such as age, race, marital status, etc. If you believe there is some contractual obligation to pay benefits once a certain number of hours have been met, you may wish to meet with an attorney to review your case.

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Answered on 6/20/02, 11:55 am


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