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 Colorado, the definition of full-time employment and the number of hours an employee must work to be considered full-time for the purpose of eligibility for employee benefits such as health insurance, paid time off, and retirement accounts is typically determined by the employer. There is no specific state statute that defines full-time employment in terms of a minimum number of hours worked. Federally, the Fair Labor Standards Act (FLSA) does not define full-time or part-time employment, which means it does not mandate any particular threshold for benefits eligibility. This also applies to 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. Therefore, employers in Colorado have the discretion to establish their own criteria for benefits eligibility, and employees should refer to their employer's policies or their employment contract to understand the specific requirements for benefits at their place of work.