Part-Time Employment under Paid Sick Leave and Expanded Family and Medical Leave

Part-time employees can benefit from the sick leave and expanded family and medical leave that has been enacted in response to COVID-19. Generally, paid sick time is to be calculated based on the employee’s “required compensation” and the number of hours the employee would normally be scheduled to work.

A part-time employee is entitled to leave from work for their average number of work hours in a two-week period. In order to count hours worked, part-time employees should calculate hours based on the number of hours they are normally scheduled to work. If the employee doesn’t know or otherwise doesn’t have normal hours scheduled, you may use a six-month average to calculate the average daily hours. In this case, a part-time employee may take paid sick leave for this number of hours per day for up to a two-week period. The part-time employee may take expanded family and medical leave for the same number of hours per day up to ten weeks after that.

If, however, a part-time employee has not been employed for at least six months, the part-time employee can use the number of hours that the employer and employee agreed to upon hiring. But, if there is no such agreement, the appropriate number of hours of leave can be calculated based on the average hours per day the employee was scheduled to work over the entire term of their employment.

If you believe your employer has denied you these rights or otherwise taken wrongful actions towards you related to COVID-19, please contact us at We remain dedicated to protecting and advancing the rights of employees and consumers.

This article is meant to be informative, and is not legal advice. Please note that state, federal, and local laws and regulations will continue to evolve as this pandemic continues. If you have questions, Nichols Kaster strongly suggests you consult an attorney.