The number of hours an employee must work to be considered full-time and eligible for employee benefits such as health insurance, paid time off (including vacation leave and sick leave), and retirement accounts (401k and related employer-contributions) is generally in the sole discretion of the employer. This is because an employer is not obligated to provide these employee benefits or fringe benefits to any employee, whether full-time or part-time.
For example, the Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. And whether an employee is considered full-time or part-time does not change the application of the FLSA—or the application of the Service Contract Act (41 US.C. §351) or the Davis-Bacon Act wage and fringe benefit requirements (40 U.S.C. §3141).
In Texas, the definition of full-time employment and the eligibility for employee benefits such as health insurance, paid time off, and retirement accounts are typically determined by the employer, as there is no specific state statute that defines full-time employment for these purposes. Federally, the Fair Labor Standards Act (FLSA) also does not define full-time or part-time employment, which means that the provision of benefits is largely at the discretion of the employer. This applies to the FLSA as well as to other federal laws like the Service Contract Act and the Davis-Bacon Act, which do not alter their requirements based on an employee's full-time or part-time status. Employers are not legally required to provide benefits like health insurance, paid leave, or retirement plans, although certain federal laws, such as the Affordable Care Act, may impose specific requirements on eligible large employers to provide health insurance to full-time employees or face penalties.
