The number of hours an employee must work to be considered full-time and eligible for employee benefits such as health insurance, paid time off (including vacation leave and sick leave), and retirement accounts (401k and related employer-contributions) is generally in the sole discretion of the employer. This is because an employer is not obligated to provide these employee benefits or fringe benefits to any employee, whether full-time or part-time.

For example, the Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. And whether an employee is considered full-time or part-time does not change the application of the FLSA—or the application of the Service Contract Act (41 US.C. §351) or the Davis-Bacon Act wage and fringe benefit requirements (40 U.S.C. §3141).

In Virginia, as in other states, the definition of full-time employment and the eligibility for employee benefits such as health insurance, paid time off, and retirement accounts are typically determined by the employer. There is no specific number of hours that universally qualifies an employee as full-time across all employers. Federal laws like the Fair Labor Standards Act (FLSA) do not define full-time or part-time employment, which means that the application of the FLSA, as well as the Service Contract Act and the Davis-Bacon Act regarding wage and fringe benefit requirements, does not depend on an employee's full-time or part-time status. Employers have the discretion to establish their own criteria for full-time employment and the provision of benefits, and these criteria can vary significantly from one employer to another.