A 28-hour workweek is generally considered part-time, but the implications of that classification are far from simple, particularly concerning benefits. The definition of part-time employment is not uniform across the United States; it shifts significantly depending on whether you are looking at an individual employer’s policy or a federal legal statute.
Understanding the distinction is necessary because a 28-hour schedule often places an employee below the thresholds that trigger mandatory benefits and coverage obligations for a company. This lack of a single standard means the practical reality of a 28-hour role is highly dependent on context, which can affect eligibility for health insurance and overtime pay.
The Ambiguous Definition of Part-Time Employment
There is no single, universally agreed-upon federal definition for what constitutes “part-time” employment in the United States. This regulatory absence means that for most general employment purposes, the designation is largely a matter of internal company policy. The common understanding of “full-time” employment is typically 40 hours per week, but the definition for any schedule below that is highly elastic.
The U.S. Bureau of Labor Statistics (BLS), for instance, broadly considers part-time employment to be a workweek of one to 34 hours, which would comfortably include a 28-hour role. However, the Fair Labor Standards Act (FLSA), which governs minimum wage and overtime, does not provide a definition for either part-time or full-time status. Since the federal government declines to standardize this classification, the specific meaning of a 28-hour workweek is most often determined by the policies of the individual employer or by state-specific regulations.
How Employers Define Part-Time for Benefits Eligibility
Regardless of federal or state legal statuses, employers maintain significant discretion to set their own internal policies for eligibility concerning voluntary benefits. These voluntary benefits include company-sponsored health insurance, 401(k) matching contributions, and Paid Time Off (PTO) accrual. Most companies establish an hourly threshold for full-time benefits that is slightly below the traditional 40-hour week.
The most common internal employer threshold for full-time benefits is 30 or 32 hours per week, largely influenced by the Affordable Care Act’s definition of a full-time employee. Consequently, an employee working 28 hours per week almost certainly falls into the non-benefited part-time category under most corporate policies. While the employer may not be required by law to offer benefits to a 28-hour employee, they are also not prohibited from doing so, and some competitive companies may choose to extend limited benefits. Retirement plan participation is one area where federal law does create an obligation, requiring all employees who work 1,000 hours in a 12-month period to be eligible to participate in the company’s 401(k) plan, which a consistent 28-hour schedule (approximately 1,456 hours annually) would meet.
Federal Legal Thresholds and the 28-Hour Week
The 28-hour workweek has specific legal significance when measured against certain federal statutes that define full-time status. The Affordable Care Act (ACA) establishes a full-time employee as one who works 30 or more hours per week, or 130 hours per month. Since 28 hours is below this 30-hour threshold, an Applicable Large Employer (ALE) is not mandated to offer minimum essential health coverage to an employee working this schedule.
Another federal law with an hourly requirement is the Family and Medical Leave Act (FMLA), which grants eligible employees up to 12 weeks of unpaid, job-protected leave. To qualify for FMLA, an employee must have worked at least 1,250 hours over the 12 months preceding the leave, in addition to meeting tenure and employer size requirements. An employee consistently working 28 hours per week will accumulate approximately 1,456 hours per year, meaning they will meet the hours-worked component for FMLA eligibility after 12 months, provided their employer is a covered entity.
Wage and Hour Implications for Working 28 Hours
The Fair Labor Standards Act (FLSA) dictates wage and hour protections for most non-exempt workers, and these rules apply to a 28-hour employee just as they do to a full-time worker. Under the FLSA, the employee is entitled to receive at least the federal minimum wage for all hours worked. The classification of part-time does not exempt the employee from this basic protection.
Overtime pay, defined as time and a half the regular rate of pay, is only triggered when an employee exceeds 40 hours worked in a single workweek, regardless of their part-time status. This means an employer is not required to pay overtime for hours worked between 28 and 40, even if those hours exceed the employee’s regular schedule. Most hourly 28-hour workers are classified as non-exempt. Even if the role is classified as an exempt salaried position, the employee must receive the full minimum salary required for the exemption, which cannot be prorated for a part-time schedule.
Key Considerations When Accepting a 28-Hour Role
Employer Policies and Internal Status
When accepting a 28-hour position, clarify the employer’s specific policies, especially since the schedule is below the 30-hour ACA threshold. Ask whether the company offers a formal path to full-time status and what the specific hourly requirement is for internal benefit eligibility, such as PTO accrual or company-subsidized health coverage. Inquire about the policy regarding working additional hours, particularly if covering shifts. Understanding this policy helps determine if extra hours could lead to an internal reclassification or a reduction in hours in subsequent weeks.
Local Labor Laws and Sick Leave
You should also investigate your rights under local labor laws, particularly in states or localities that have mandated paid sick leave. Many of these laws require part-time employees to accrue sick time based on hours worked. This accrual often occurs at a rate of one hour for every 30 or 40 hours worked, regardless of the employer’s internal part-time definition. Understanding the accrual rate and any annual usage cap provides a clear picture of your total compensation and protections beyond the federal minimums.