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 New York, the definition of full-time employment and the number of hours an employee must work to be considered full-time is not mandated by state law and is typically determined by the employer. This discretion extends to the provision of employee benefits such as health insurance, paid time off, and retirement accounts. Federal laws like the Fair Labor Standards Act (FLSA) do not define full-time or part-time employment, which means that the provision of benefits is not governed by these laws. However, under the Affordable Care Act (ACA), employers with 50 or more full-time employees are required to offer health insurance to those working at least 30 hours per week on average or face penalties. This federal requirement aside, for other benefits such as paid leave and retirement contributions, New York employers have the flexibility to establish their own criteria for eligibility.