I am considered "PT employee" but for the last year have bee working Full time hours. Can i get full time health benefits?

The providing of health benefits is discretionary with the employer. However, if your employer has a policy that provides full time employees with health benefits then you may have the right to receive them. This will depend on the language in the employer's policy and how your employment has actually been categorized. If you have the policy, you need to review its wording. If you do not have the policy or the language is not clear to you, you should politely ask the employer through the appropriate channels (HR for instance) what your status is regarding your right to benefits. If you are still having an issue after that point, you will need to consult with an attorney for further advice. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

I agree with Attorney Corman. California law does not require an employer to provide full time health benefits but you might now be entitled to receive them under the company's policies.

The answer to this question is not found in the employee handbook. The answer is found in the actual health plan documents itself. If you are employed in the private sector, the health care plan is actually an "employee benefit plan". These types of plans are governed by a federal law known as ERISA (Employee Retirement Income Security Act). When it comes to ERISA plan documents are key. The plan documents usually refer to the Plan Documents (PD) and the Summary Plan Description (SPD). Another important document might be the contract between the company and the insurer. I would advise you to ask for a copy of the plan and see who is eligible under the plan. It may say full time employees are eligible. Then you look at the definition of full-time. It probably gives a definition such as: Those working 35 or more hours per week. If so, then that includes you. The employer can change the plan to try and exclude people like you. However, you may have a very good argument that you have been entitled for a long time and therefore should have been offered the benefits long ago. This is a very interesting situation. Employers don't realize the consequences of some of their actions -- such as allowing a P-T employee work full time hours. You may also be eligible to participate in any type of retirement plan. Since retirement plans are also employee benefit plans, ERISA law applies. Good luck.