Is Your Company Legally Prohibited from Offering You Health Insurance After Switching to Full-Time?
ACA Overview
The Affordable Care Act (ACA), commonly known as Obamacare, brought about significant changes to the U.S. healthcare system. One of its key provisions is the requirement for employers to provide health insurance to their full-time employees. However, there are certain exceptions and waiting periods that can affect an employee’s eligibility.
Full-Time Employee Definition
Under the ACA, an employee is considered full-time if they are reasonably expected to work at least 30 hours per week. This is determined by the employer based on the employee’s job description and expected schedule.
Waiting Periods
Employers are allowed to impose a waiting period of up to 90 days before offering health insurance to new full-time employees. This waiting period can begin on the employee’s start date or the date they became full-time.
Measurement Period
In some cases, employers may use a measurement period to determine an employee’s average weekly hours. This period can last up to 12 months. If the employee’s average weekly hours during the measurement period are less than 30, they may not be eligible for health insurance coverage.
Employer’s Claim
In the case of the post, the employer claims that they cannot legally offer health insurance to the employee until a year has passed since they became full-time. This claim is incorrect.
Corrective Actions
If an employer is violating the ACA’s provisions, employees can take steps to address the issue. They can:
Talk to their HR department and provide them with information about the ACA’s requirements.
Contact the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) to file a complaint.
Seek assistance from a licensed health insurance agent who can help interpret the ACA and advocate for the employee’s rights.
Conclusion
The ACA’s provisions regarding full-time employee health insurance coverage are clear. Employers cannot legally deny health insurance to employees who meet the full-time criteria, even if they have previously been part-time. If an employer claims otherwise, employees should seek clarification and advocate for their rights.
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