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Question:  What timeframe is to be used...fewer than 20 hours per week and is therefore a part-time employee?

Date Added:  3/1/2012 2:58:19 PM Hits:  535
Last Revised:  3/1/2012 2:58:19 PM Vote: 
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Answer

Q: What timeframe is to be used in calculating whether an employee works an average of fewer than 20 hours per week and is therefore a part-time employee?

A: The period to be used for calculating whether a worker has worked an average of fewer than 20 hours per week is the shorter of the actual time the worker has been employed or the most recent 90 days. To determine the average number of hours worked in a week, see the following
example:

Week Number 

Example 1
Hours Worked 

Example 2
Hours Worked 

 1

 15

 24

 2

 20

 25

 3

 11

 17

 4

 10

 20

 5

 20

 15

6

20

19

7

22

24

8

16

18

9

15

17

10

12

15

11

24

26

12

18

23

13

20

22

90 days worked

223 Hours

265 Hours


 The calculation to determine whether an employee may be eligible for
WARN notice:

TOTAL HOURS WORKED / 13 WEEKS
= AVERAGE HOURS WORKED PER WEEK

Example 1
223 TOTAL HOURS WORKED / 13 WEEKS
= 17.2 HOURS AVERAGE HOURS WORKED PER WEEK

The worker in Example 1 is a part-time worker because the average
hours worked per week was less than 20 hours.

Example 2
265 TOTAL HOURS WORKED / 13 WEEKS
= 20.4 HOURS AVERAGE HOURS WORKED PER WEEK

The worker in Example 2 is a full-time worker because the average
hours worked per week was over 20 hours.

If a plant closing or mass layoff occurs, part-time workers are also entitled to receive a WARN notice.


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