What Is a Part-Time Employee?
Defining the legal nature of a part-time employee is not easy. That is because the legal definition and employers' definitions are not always the same. A part-time employee's position may be defined either by the amount of hours she works or by the job duties that she holds at her place of employment.
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Legal Definition
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Legally, a part-time employee works no more than 20 hours in a given week and no more than 40 in a two-week period. Many employers consider any employee who works less than a typical 40-hour week as a part-time employee, even when the employee works 39 hours. Depending on the employer, rights and benefits may be different for part-time and full-time employees.
Work Guidelines
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Part-time employees are expected to follow the same rules and requirements as full-time employees, unless otherwise directed by supervisors or managers. Part- time employees do not normally receive salary pay. They often do not have the opportunity to choose their own hours.
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Payment Laws
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Part-time employees receive their pay in the same manner as a full-time employee. Employers are required to withhold taxes from a part-time employee's check.
Misconceptions
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A common misconception is that a temporary employee or an independently contracted employee is a part-time employee. Part-time employees may be hired on a permanent basis and with a set schedule. They also may be used only temporarily and in cases in which permanent employees are away from work. Independently contracted employees may be employed full or part time, and unlike part-time employees, employers may choose whether to withhold taxes from the paycheck of an independent contractor.
Terms of Termination
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Just like a full-time employee, part-time employees may have their employment terminated for poor performance and inappropriate conduct. Part-time employees wishing to leave their position should provide an appropriate notice before leaving.
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