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Hours · 2026 rules

How many hours is part time, and which rights come with it

Part time is mostly an employer label. A few federal lines give it consequences, and most worker protections ignore it entirely.

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Part time has no general legal definition in the United States, and the Department of Labor says the label does not change how federal wage law applies. Two numbers are used in practice. For employer health coverage under the Affordable Care Act, anyone averaging fewer than 30 hours of service a week, and fewer than 130 in a month, is not a full-time employee, so a large employer is not required to offer that person coverage. For statistics, the Bureau of Labor Statistics counts people who usually work under 35 hours a week as part time. Everything else depends on hours, not status: you earn at least the minimum wage for each hour, overtime after 40 hours in a week, and paid sick leave at the same accrual rate as full-time staff in states with a sick leave law. The FMLA is the federal right part-timers most often miss, because it needs 1,250 hours in a year, about 24.0 a week.

What your part-time hours add up to

Full time for employer health coverage (ACA)

No

Hours per month (average)104.0
Hours per year1,248
FMLA hours testNot met
Overtime hours (over 40)0.0
Full-time equivalent (40 h)0.60

Federal law has no general definition of full time; these are the thresholds that change something.

Full-time hours →

A label set by your employer

The Department of Labor page on part-time employment is short because the federal wage law says almost nothing on the subject. A part-time cashier and a full-time one are covered by the same minimum wage and the same overtime rule. What part-time status changes is the employer's own package: health insurance, paid holidays, vacation accrual, retirement contributions and scheduling priority are often tied to a threshold written in the handbook. Two employers on the same street can draw that line at different places, and nothing in federal law stops them, so the definition that matters for your benefits is the one in your offer letter or plan document.

The thresholds that do have consequences

Below 30 hours of service a week on average, you are part time for the employer mandate of the Affordable Care Act, as the IRS defines it. Hours of service include paid leave, so a week with a paid holiday counts the holiday hours. Large employers often keep part-time schedules a little under that line, at 29 or 28 hours, precisely to stay out of the coverage requirement for those positions. If you are close to the line, track your hours, including paid time off, across the employer's measurement period.

The second threshold is the FMLA. Its 1,250-hour test counts only time actually worked in the 12 months before leave. A steady 25-hour schedule reaches 1,300 hours over a full year and passes, while 20 hours a week gives 1,040 and does not. The table puts common part-time schedules against both lines and shows the paid sick leave they earn under the most common state accrual rate.

Part-time schedules against the federal thresholds (52 weeks)
Hours per weekHours per yearFMLA 1,250-hour testACA statusSick hours at 1 per 30 (before caps)Share of a 40-hour job
10 hours520Not metPart time17.30.25
15 hours780Not metPart time26.00.38
20 hours1,040Not metPart time34.70.50
24 hours1,248Not metPart time41.60.60
25 hours1,300MetPart time43.30.63
29 hours1,508MetPart time50.30.73

What part-time workers keep in full

Pay rules apply hour by hour. You are owed at least the federal minimum of $7.25, or the higher state or city rate, for every hour. A 20-hour week at the federal minimum pays $145 before taxes, $7,540 over a year. Overtime starts at 40 hours in the workweek even if your contract calls you part time: an employee scheduled for 24 hours who covers extra shifts and reaches 44 earns time and a half for the last four. Hours at two unrelated employers are not combined, though, so two 25-hour jobs produce no overtime at either.

Paid sick leave works the same way. In the 21 jurisdictions on this site with a statewide law, Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington, part-time staff earn leave on every hour worked, at the same ratio as full-time staff. A few laws set a minimum before coverage starts: the data shows such conditions in California, Minnesota and Vermont. State paid family and medical leave programs look at wages earned during a base period rather than a weekly schedule, so many part-timers qualify; 14 jurisdictions covered here have one. Workplace safety, anti-discrimination law and unemployment insurance also cover part-time employees, although unemployment benefits are calculated from your earnings and may be small.

Two part-time jobs compared with one full-time job

Many people reach a full week by stacking two part-time jobs, and the law treats that very differently from one 40-hour position. Each employer looks only at its own hours. With two 20-hour jobs, neither employer reaches the 30-hour line, so neither must offer health coverage. Neither job passes the FMLA hours test on its own, since each produces 1,040 hours a year against the 1,250 required, which leaves you without federal job protection for a long medical absence at both. Overtime works the same way: 45 hours split between two employers creates no overtime pay at either.

Some protections do stack. Paid sick leave accrues separately at each job in a state with a sick leave law, so two 20-hour jobs at one hour per 30 earn about 34.7 hours a year each, and 69.3 hours together, close to what one full-time job earns before any cap, with the advantage that each employer's cap applies only to its own bank. State paid family leave programs usually add the wages from both jobs when they compute your benefit, because they look at total covered earnings. Unemployment insurance can also take both into account if you lose one of the jobs, although rules on partial benefits differ from state to state. If you rely on two employers, keep a separate record of the hours at each, since every calculation starts from that number.

What part-time status can cost you

The losses are on the benefit side. Without the ACA full-time line, a large employer need not offer you health coverage, and many smaller employers offer none to anyone. Paid vacation and holiday pay are voluntary in federal law and are often reserved for full-time staff. Retirement plans have their own eligibility rules based on hours worked in a year, and your plan administrator can tell you the threshold that applies. Short schedules also take longer to reach the FMLA hours test or a seniority step. Ask human resources for the plan documents rather than relying on a summary.

Moving between part time and full time

An employer can usually change your hours without notice unless a contract, a union agreement or a local scheduling ordinance says otherwise. Some large cities require predictable schedules and advance notice for retail, food service and hospitality workers, and a few require offering extra hours to existing part-time staff before hiring new ones. If your hours are cut, check two consequences right away: whether you drop under the employer's benefit line, and whether your average for the year will still reach 1,250 hours if you may need medical or family leave. The full-time guide covers the other side of the line, and your state page lists the local rules on minimum wage and leave.

Questions people ask

Is 25 hours a week part time?

Yes, under both common yardsticks. It is below the 30-hour average used for employer health coverage and below the 35-hour line used in federal statistics. Your employer may still give part-time benefits at 25 hours. Over a full year, 25 hours a week is 1,300 hours, enough for the FMLA hours test of 1,250.

Do part-time employees get overtime pay?

Yes, on the same terms as full-time employees. A non-exempt worker earns 1.5 times the regular rate for every hour over 40 in a workweek, whatever the job is called. Part-time status only matters for overtime in states with a daily limit, where a long shift can trigger it. Hours worked for two separate employers are not added together.

What is the maximum number of hours for a part-time job?

No law sets one. For employer health coverage, a large employer can keep you part time only if your average stays under 30 hours of service a week, or 130 a month. Beyond that, the employer's own policy decides, and many employers draw their line in the low thirties. Minors are the exception: federal and state child labor laws cap their hours.

Can part-time workers take FMLA leave?

Yes, if they have 12 months with the employer, 1,250 hours worked in the last 12 months and a worksite with 50 employees within 75 miles. The hours test is the hard part: it takes an average of about 24.0 hours a week across a full year. The leave is then counted in proportion to your normal schedule.

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Official sources for this page

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Publisher of the state-by-state guide to US employment law: minimum wage, overtime, leave, final pay and breaks

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on