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Question Number: 22, 1998 EPCRA 313 Q&A: Employee Threshold; Sick Leave; Vacation Hours

22. Under the Section 313 regulations, a full-time employee is defined to '...mean 2,000 hours per year of full-time equivalent employment.' The definition of full-time employee goes on to stipulate that '(a) facility would calculate the number of full-time employees by totaling the hours worked during the reporting year by all employees including contract employees and dividing the total by 2,000 hours' (40 CFR Section 372.3). (It follows that 20,000 hours worked is equivalent to 10 full-time employees.) When calculating the total number of hours worked by all employees during the reporting year should vacation and sick leave used be included toward the 20,000 hour threshold?
Yes. When making the full-time employee determination the facility should consider all paid vacation and sick leave used as hours worked by each employee who claims such vacation or sick leave. If the facility meets or exceeds the 20,000-hour threshold (including vacation and sick leave), the facility is considered to have 10 or more full-time employees.