HR & Employment Law Question

aspen29 · March 2004

Dear Forum Members:

Our company is situated in New Jersey. I would like obtain the clarification for the following:

1. What is "Continuously Employed"?
2. Is any one of you paying benefits
(vacation,sick etc)for part time ee. If so,
what are minimum required hours?

Thank you.

POPEYE · March 2004

Continuously employed means that an EE is on your payroll. They may be on leave, work part-time or on an on-call basis but considered an EE.

We do pay benefits to part-time EEs that average working at least 30 hours per week. They do pay an extra 10% premium. This may be dependent upon your specific plan so I would check with your provider.

Don D · March 2004

I've always understood 'continuously employed' to mean one who is on the company's payroll, either in pay status or on approved leave, perhaps unpaid, but nevertheless still employed, over a period of time, with no break in employment. Therefore, continuously employed would not apply to a person who has been with the company since 1988 but left the company for two months in 1999, then rejoined the company. In that situation, the ee has been 'continuously employed' only since 1999.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

Gillian3 · March 2004

Unless the company has a policy, and a few do, where a formula allows continuous employment if the employee with a particular (usually long)length of service returns within a certain time frame.

marc · March 2004

Looks like you got your answer on "Continuous employment." As to part-timers receiving sick and vacation leave, we used to do that and would simply pro-rate the leave and vacation. If the EE was normally 1/2 time, then 1/2 of the vacation and sick leave. We stopped that 2 years ago and now only pro-rate if the EE is 30 hours or more, but less than 40. So a 30 hour person gets 3/4 of the full-time benefit. We do not differentiate with other benefits, if 30 hours or more, they get full health coverage for the EE and life insurance coverage (2 times salary).

Pork · March 2004

ASPEN29: What is in your employee handbook? I would assume "continuous employed" means any employment period from hire date to termination date. In our company there are several codes that places a person out of the work force and literally continuous employed and accumalating time toward seniority, and benefits. Military Leave of Absence is one of those codes, the employee is not here and working but he remains employed, but not receiving pay, but does collect his holiday, vacation, and sick pay as if he/she was here. We have one employee who has been in continuous employment since 1993 and has had two long tours of duty with the military and several short tours of duty with the military.

Our minimum required hours for benefits on a weekly basis is 32 hours or more per week. Should a part-time employee achieve 16 straight weeks of 32 hours or more he/she is entitled to all benefits of a regular employee and are coded as a full time employee even though they may drop back to less than 32 hours per pay week. Should there be a one week break in the cycle of 16 straight weeks the "clock" starts over.

Hope this helps.

PORK

aspen29 · March 2004

Dear Forum Members:

My thanks to Popeye, Don, Gillian, Marc and Pork
for there prompt response to my questions.

Some of you wanted to know our company policies and here they are:
Our 50% of workforce is under Collective Bargaining Agreement - CBA. EE who work more than 32 hours are considered full time benefits and they are entitled to all benefits. However, PT are not entitled any benefits. As regard to "Continuous" employment, ee looses seniority for the following reasons
separation of employment; 3-day absence without cause and layoff over more than 6 months.

Further, we are planning to implement new benefits - vacation, sick and personal leaves for
exempt including management and non-exempt ees.
I am gathering the consensus for the following.
1. Duration of the introductory period
2. When benefits will start.
3. What type of benefits - vac, sick and
personal days.
4. How the accruals are calculated?

I really appreciate for your input.

Thank you.

marc · April 2004

1. Our introductory period is 90 days.

2. Some benefits start immediately, Health Insurance and EE elective STD and LTD being the main ones. Dental is 30 days and then the 1st day of the next month. Vision the same. These periods are designated by the providers.

3. Three years or less gets 12 days vacation and 12 days sick leave. More than three years gets 18 vacation days per year. We award 2 personal days upon start and a Birthday in the month of birth.

4. Vacation and Sick leave accrue each bi-weekly pay period.

sonny · April 2004

1. 90 days
2. LTD, life at hire. Health and dental, 90 days
3. No personal
1-5 years, 2 weeks vacation, add a day per year thereafter to a maximum of 4 weeks
Sick, 3.1 hours per pay period
4. Also accrue per biweekly pay

aspen29 · April 2004

Dear Forum Members:

My thanks to Marc and Sonny for their input. I will review further and make a proposal to my boss.

Thank you again.

HR & Employment Law Question

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