I work part time. My employer will no longer allow me to work over 26 hours per week to avoid the mandatory health insurance I’d have to receive from the corporation. Is that true? Also, if I was 65 & on Medicare, could I then work over 30 hours without causing my employer to have to pay for my medical insurance. I have insurance now, but it’s so expensive that now I have to find another part time job to pay for it as this job has reduced my hours to anywhere from 17-26 hours per week. This has affected a lot of people who work part time & wish to still earn money. And, yes, I am 62 using my Social Security checks to pay for insurance, but I still have other medical bills to pay as well. Then there’s a mortgage, utilities, & I could go on. How does this law help those of us who are older, but still have to work?? I don’t want to think I will never get ahead. How depressing would that be.


Answer

If an employee works at least an average of 30 hours a week, or 130 hours a month, they are considered full-time and large employers must offer health insurance to them under the law. By this same logic, if the employee works less than 30 hours a week, or less than 130 hours in a month, they are considered part-time under the law (for the purposes of being offered coverage).

Also:

  • To be considered full-time, the employee must work more than 120 days in a year. Likewise, less than 120 days in a year is part-time. Also some employee types, like Adjunct employees don't have to be offered coverage.
  • Many employers will keep the employee at 27 hours a week as a "safe harbor". This avoids the employee accidentally going over due to overtime.
  • Only employers with 50 or more full-time equivalent employees (FTE) who have to comply with the mandate have to offer coverage to full-time employees or get a fine.
  • Small employers with less than 50 FTE don't have to offer coverage (although some may still offer it anyway).
  • If an employee or their dependents has access to employer coverage options (regardless of full-time status), then they can't get marketplace cost assistance.

Here are some additional notes:

There is no way for an employee to opt-out of being offered health insurance, if an employer has to comply with the mandate, and the employee works full-time, they must be offered coverage. There are some work arounds though.

For an employer to be fined, the employee must get cost assistance on the Health Insurance Marketplace. If an employee has Medicare, or makes too much to use the Marketplace, or simply doesn't use the Marketplace by choice then the employer won't get fined. This means the employer can offer coverage, the employee can decline coverage, and the employer won't get a fine and the employee won't qualify for the Marketplace.

The above being said, as a safe harbor, employers should always offer full-time employees coverage (even if they know they will decline). Not doing so would open the door for the employee to decide to get Marketplace coverage and thus the employer would be fined and the employer couldn't' stop them from doing this or take action like firing an employee for doing this.

Employers should also not offer reimbursement for individual health plans and should always offer group health plans (unless they have had assistance setting up a properly structured workaround).

It's important to note that employers only have to provide coverage to 95% of employees. So they CAN make exceptions for the 5%. That exception voids pretty much every rule above.

For more details on all of this one should read our page on the employer mandate.

NOTES: Two last things to note here are measurement periods and the 90 day waiting period. Measurement periods add some complexity regarding how employers measure hours and can affect when plans start and stop. The 90 day waiting period refers to the 90 days a new hire has to wait to get covered.

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Inquirer on


Answer Rating:

If an employee is working part-time (average 20 hours per week), do they have to sign up for Obama care and will they get penalized if they don’t?

ObamaCareFacts.com on

You don’t have to offer coverage and they don’t have to take it if they are part-time. However, they won’t be able to get cost assistance on the Marketplace if you do offer it… so you may consider not offering coverage to part-time employees for their benefit. Actually not the most simple call as what is best for each employee will be different.

james on

The first question was not really answered.I am 21 working less than 20 he’s a week only 3 days will I be penalized tax time? I do not have insurance can not afford it at all.who are these people that tell me what I have to buy they do not live in my shoes.

Barbara moss on

My daughter works pert time and school guil time she is 41. Can she go in Obama care

tom on

I work 17.5 hrs.a week, some how kys aca says that they determined that I worked 30 hrs.
How is this possible?

ObamaCareFacts.com on

Unless you work overtime or something they got it wrong. So simple as correcting them.

Ken on

If you are earning considerably more than minimum wage, but only working 17.5 hours per week, your KY aca might be assuming that you are working 30 hours per week at minimum wage. Hopefully, you are keeping your check stubs in case you need to prove it to them.

Dr Jack Grenan on

THIS SITE SAYS,” TO BE CONSIDERED PART-TIME THE EMPLOYEE MUST WORK MORE THAN 120 DAYS IN A YEAR.”
To me this does NOT make any sense! So if I work 365 days in a year I AM CONSIDERED PART TIME???? PLEASE CLARIFY IF i AM WRONG & WHY OR IS THIS STATEMENT WRONG.
THEREE IS MUCM MUCH CONFUSION FOR WORKERS MOSTLY YOUNG WORKERS SAYING THAT THERE IS A CHANGE FROM THE 30 HR RULE TO ANOTHER NUMBER OF HRS ie 20. THANKS DR JACK GRENAN jackgrenan@netscape.net

ObamaCareFacts.com on

It’s a conditional thing. If you work less than 120 you are seasonal (or still in an initial period as a new hire or re-hire or what have you).

So 30 or more hours a week average is full-time. 130 or more in a month is full-time. To be full-time you must work more than 120 hours in a year.

See question 4 of this IRS QA: https://www.irs.gov/Affordable-Care-Act/Employers/Questions-and-Answers-on-Employer-Shared-Responsibility-Provisions-Under-the-Affordable-Care-Act

Cyndi Gibson on

Question. It is my understanding that if an employee works 30 hrs a week and is considered full time and receiving health care benefits the following year the employee may become seasonal employee work 30 hrs that year and must b offered health care benefits at same price as others during this seasonal year. If this is true it this on a rolling year or does it start on specific date

DANZELL JONES on

I CURRENTLY WORK TWO PART-TIME JOBS AND I DNT MAKE ENOUGH TO PAY FOR INSURANCE WILL I STILL BE FINED?????

ObamaCareFacts.com on

Look into exemptions. You have to show, via income and the cost of plans in your area, that you actually can’t afford coverage (i.e. it has to be over 8% of your MAGI).

Check out exemption form 8965.

Sue Tara on

I work for a Non Profit government funded program in New Jersey called the National Council of Aging (NCOA). My money is paid in stipend and is not salary or wage. Can I still work 40 works a week or do I also need to be cut back to 25 hours a week for part time status on a government funded program? I have my own health insurance with Medicaid. Please advise.

ObamaCareFacts.com on

To stay on Medicaid you have to meet income requirements. http://obamacarefacts.com/federal-poverty-level/

That is the only stipulation in NJ. This is true even if the employer offers you health coverage (you can just opt-out for Medicaid). If your income goes above the mark, then you’ll need to switch to the employer plan or a marketplace / private plan.

Concerned on

Thank-you for this information. I work for an employer that is cutting some employees down to under 30 hours so as not to be liable for insurance. There are some employees that have their own coverage and do not want to enroll in the company plan even if it was offered. Is there a way for my employer to offer the coverage to those that want to work greater than 30 hours but have it LEGITIMATELY (i.e. proven coverage) turned down so as to keep full time status. If so, is there a legal form that the employee can provide to prove proper coverage to the employer so that the employer does not get penalized? Thank-you very much.

Bob Thompson on

My wife works for a popular delivery company. She works 30 hours as a part time worker. There telling her she has to wait a year to get insurance. Is there anything we can do legally?

ObamaCareFacts.com on

She can get marketplace coverage, but they should offer her coverage after her initial enrollment period. If this is outside of their enrollment period they should offer her a special enrollment option. I’d start by getting an explainer from HR, if you feel you are being misdirected then take it to healhtcare.gov and try to get marketplace coverage. Lawsuit against major delivery company sounds like an uphill battle and I wouldn’t know where to start with advice.

Brandon on

So, if you work 30 hours a week, the employer can wait the roughly 4 months (120 days) until they are required to offer benefits for a part time employee? I currently work 30 hours a week, and have for the past 70 days, so I guess I still have 50 days to go? Am I understanding that right? Any help is appreciated! Thanks

ObamaCareFacts.com on

Yeah that is about right. It’s the employer’s job to get this right. Essentially they have a number of “waiting periods” and “initial enrollment periods” that you shouldn’t be worried about as an employee. If you expect them to give you coverage, coordinate with them and have them give you all the information. If they aren’t being cooperative or offering you the coverage they should then you can get an explanation from them. Rarely does someone have to figure out the employer’s details for them because they are purposefully not complying.

Michael on

I have an ? I work an average of 34 hours a week for pitt ohio. Am part time and have my companies coverage(insurance). I been with them for 1year and some months.
Would that consider me full time even though am part time not allowed to do overtime.

Miranda on

If I am working 30+ hours a week and my employer is not wanting to give me full-time status, how many weeks consecutively do I need to be above 30 hours a week for it to be required to comply?

Anthony on

I signed up for obamacare at my job but I barely receive 25 hours a week nothing less nothing more how can I afford to keep obamacare if I’m not getting the mandatory hours can the employer get in trouble for not giving u the maximum hours

ObamaCareFacts.com on

An employer can generally give whatever hours they want to a person. If you aren’t making enough to afford the employer coverage, then you may be able to use the marketplace. http://obamacarefacts.com/affordable-employer-sponsored-coverage/

Evan on

My question is what about if the company doesn’t have 50 or more employees? Are they still inclined to offer insurance ?

ObamaCareFacts.com on

They don’t have to no, but they can if they want. The rules only apply to those with over 50 FTE.

Christine Terrell on

What if you hired full-time initially, enrolled in the company plan, now your work hours are cut from none to 10 hours a week? How am I to pay for the healthcare costs if my hours are cut?

ObamaCareFacts.com on

You file a form that shows your employer doesn’t offer affordable coverage and use that to enroll in the Marketplace (or apply to Medicaid). You should act ASAP to avoid special enrollment windows closing.

Dave Schultz on

Q:
My employer offers ins to FT employees,..BUT is keeping most everyone at 24-27 hrs now so that we cant get it (& they don’t have to pay for it) !! – I want it, but they wont give it to me! – Is there anything we can do ?

ObamaCareFacts.com on

In a case like this there is nothing you can do on the employer side. Rather what you should do is get individual coverage during open enrollment (which I know isn’t the best answer outside of open enrollment).

Ken on

Today’s job market is improved over what it was a few years ago. If you want to work full time, you may want to seek employment elsewhere. If a company values you enough, they may choose to give you full time with insurance after you give notice. If not, you are probably better off changing jobs.

Larry Purpura on

If an employer has and employee that works 80 hrs a week, is he considered 2 full time employees?

ObamaCareFacts.com on

No, as far as I understand: 1 full-time is 1 full-time. Don’t think overtime hours are counted for traditional employees (although I may be missing something).

Bill on

For the first 3 months of 2016 I have an employee who will work 130 hours per month. The rest of the year they will work 100 hours per month. If I offer insurance coverage and pay a portion of the costs can I decline coverage for the employee for the remainder of the year since they are part time?

ObamaCareFacts.com on

Due to the complexity of measurement periods, this is not a simple answer. But, in short, you have a window to judge someone’s full-time status, and you should be able to get out of this and simply let the employee use the marketplace and get tax credits (likely the best bet for everyone). That said, I can’t give specific advice, so research measurement periods, or contact a tax professional.

See this page on measurement periods: http://obamacarefacts.com/questions/initial-measurement-period-start-date/

Vicki Bivens on

I have a question if I work 6.5 hours per day which adds up to 32.5 hours per week but I only work 18 days per month which is 117 hours per month. Am I considered part-time or full time?

ObamaCareFacts.com on

Well the rule is more than 30 per week average, or more than 130 in a month. So given this I would assume part-time. Specifics like that should be verified against another source. We are focused on general advice. It comes down to measurement periods used by the employer per DOL / IRS guidelines in compliance with the mandate.

David Mortimer on

I have a colleague in a private school who is at work every day – he is a nurse, a coach, and substitute teacher. Essentially, he shows up, and whatever the needs are, he fills them. He get’s paid hourly – I assume different wages for the nursing vs. substitute teaching.

If he works more than 30 hours in the work should he be entitled to health insurance?

Joseph Lingerfelt on

If an employee works more than 130 hours in 1 month does that qualify them as Full time even thou they didn’t work more than 100 hours a month the remainder of the year and worked the entire year?

Cheri L Guse on

I currently work full time but will be dropping to part-time next week. I am enrolled in employee insurance. Do they have to keep me on thru the annual enrollment period or can they cancel my coverage?

Holly Horan-Simpson on

I was working 27 hours per week and enrolled in a particular plan under ObamaCare at that time. I have now had my hours cut to less. Am I going to be penalized because my hours got cut and I am under my original Plan? What are my options at this point?

rocky on

Just received a 1095-c form for 2015…it is marked “corrected” …my employer never offered me health insurance to me in 2015 although i worked 30 or more hrs a week. They considered me p/t –I had marketplace coverage in jan 2015 and terminated in april 2015. My employer’s 1095c form states i was covered from may 2015 till dec 2015….now…in march of 2016, i received an email from them telling me i am eligible for health benefits….i am confused, did they hide this from me in 2015 ???

Brenda on

My employer has informed the part timers that our fiscal year runs December 2015 thru January of 2017, and now are 26 hours a week need to be divided by 13 months and not 12. Is this correct ? My W-2 will still only cover 12 months of income.

Thank you for your assistance,

Brenda on

Still awaiting answer,

Shawna on

I currently work “full time” hours 40+ a week. My small business employer (20 staffed) pays for my health insurance. I’d like to change my hours to about 30-35 a week. I know small business owners don’t have to provide paid health insurance to employees but am curious if my hours change, will I still be considered full time? Also, if I work 30 hours a week and my employer removes my health insurance benefit, could my son and I get coverage through Obamacare?

ObamaCareFacts.com on

Since your employer isn’t required to offer coverage you’ll need to check with them, but as a general rule of thumb I wouldn’t think dropping down from 40+ to 30+ would be a cause to take away benefits. As for your son, if he doesn’t have an affordable option through the employer then you can get him on a marketplace (or CHIP) plan depending up on income, family size, and his age. You should call healthcare.gov, but be aware, it is outside of open enrollment so special enrollment rules apply.

Chris on

I am a permanent employee, working 30 hours per week and, at this time, I have already worked well over 120 days in the past year. My employer told me that I have to work 30 hours per week for a full calendar year before they are required to offer me health insurance. Is this true???

ObamaCareFacts.com on

No, that is not true. An employer gets to use a thing called “measurement periods”. The rules actually aren’t that simple, and provide leeway for the employer, but i’m fairly certain your employer is misunderstanding the rules. You may want to read over the following page and then have a conversation with the employer to make sure they have the details right. If approached in the right way you could be doing them a favor, since the IRS can theoretically come after employers the more than 50 FTE who aren’t doing the right thing (even if it is out of confusion).

http://obamacarefacts.com/questions/initial-measurement-period-start-date/

Pat Pittman on

How can we live off of 300 dollars every two weeks we deserve more hours.

Maguu on

Thank you Obama for making us miserable

Legacy on

Obama actually had a solution. Or should we go back to the days of pre-existing conditions, lifetime limits, coverage for women costing more, copays for preventive health visits. NO financial assistance on premiums except for those eligible for Medicaid.

What is your solution???

Beth on

How many weeks of 30 hours per week do I need to work before I am eligible?

Derek on

If I have been working full time for a year at a large company that offers insurance and the have not offered me any, how can I report them?

ObamaCareFacts.com on

This is a good question. I’ve never been clear as to what the proper channel was for reporting an employer? I would always start by talking directly to the employer… but this is probably more a matter of you needing legal advice than friendly online advice. Good luck in your search and feel free to report back with what you find.

Melissa on

I was wondering what are the minimum and maximum hours a part time employee is offered for that status?

ObamaCareFacts.com on

Check out the employer mandate page. It explains all the detailed ins-and-outs. http://obamacarefacts.com/obamacare-employer-mandate/

Pam on

I work part time and they say we cannot go over 26hours or they can’t give us hours at the end of the year around Christmas time(busy season) and that they’ll give it all to the newbies that are temp… for a big corporation is there a way to let me go over or is it true that they can’t give me anything at Christmas time? Any loopholes?

Monique Holt on

I have been working with a company for 3 years. In the last 9 months, I have worked full time (40hrs/wk). I have asked about insurance again and again. My boss says that since I’m not “full time status” that they don’t have to offer it to me and that I should get obamacare. But an employee that was barely hired 3 months ago was offered insurance and my boss stated that she was hired as “full time status”. I have copies of schedules and paystubs to prove that I’ve worked 40hrs/wk for the last 9 months. Is this illegal??

Margaret on

So here is the recurrent question for far too many workers: how to meet living expenses on less than 30 hours a week!
For instance, my college graduate son is less than 26 years old so is covered under our insurance plan. However he cannot afford rent, utilities, groceries, gas, parking on the 27 hours a week he is scheduled. He budgets extremely frugally, and is eager and able to work more. The employer needs more hours covered, and sometimes staff have emergencies or conflicts and need shifts coverage. But no one ,though willing, can help because it will put them over the 30 hour mark.
Having health insurance is not the problem here – having sufficient work hours to meet living expenses is!!

Ken on

Perhaps your son can find a second part time job, or a full time job elsewhere.

Tin Borgman on

You are assuming that the son lives in an area which has a surplus of full time jobs available. I know I don’t.

Eugene on

Everything I have read, we never get a direct answer??? Let’s try once more!! No wonder we want our government out and new in!!! Thomas Jefferson said it best we the people should have a revalotion every 15 years to keep our government in check!!! A. If I work only 26 hour a week what insurance do I qualify for? And how much will cost me before I’m fined?? Slow enough??

ObamaCareFacts.com on

If you work less than 30 a week you have a range of choices based on income and state. Two basic choices are Medicaid and Marketplace tax credits. Sorry if that wasn’t clear.

And i’ll say to you sir, “non-violent revolution”. Do we need one? Yes! What shall it be about, well Republicans might say abortions, bathrooms, and christianity, and a Democrat may say safety nets, social justice, and civil rights. We don’t agree at all do we. Free education and free healthcare? I want it, but it is bitterly opposed by the right… And thus we get mini-revolutions that look like Trump and Sanders. It is called an election, and we are luckily if we can find balance and avoid civil war.

The American revolution marks a team of rivals agreeing only in that they want their liberty from King George. It was only by grace and good fortune that those 30 years from the 1760’s to the 1790’s resulted in unity. That unity was test shortly there after, causing Civil War under Lincoln, strain ever since.

I can’t see many instances of us coming together over much aside from war.

If we could somehow agree that say, “we want single payer” and “a fair shake for the middle class”, “social justice”, limited tax loopholes, and other stuff. Well sure. We really could unite and then we would have solid footing for non-violent revolution for the people. They do it in other countries where they are less internally divided. But we love competition here (why we do good business, but fight like crazy).

Steve on

Nothing is free. Somebody pays for it.

Jack on

I work for a small business, under 50 employees. My husbands employer requires that I carry my own insurance if I work full-time. Since it is a small business, what is considered part-time? Would it be 39.5hrs since they are not subject to Obamacare limits?

Bio bot on

What if I work a franchise of a chain like Taco Bell? Dos the 50 employee min. just apply to the franchisee? I suspect that it is the franchisee, nice loophole. So how can I get ObamaCare?

ObamaCareFacts.com on

The rule applies to the franchise holder. If they have 50+ in their franchise then they have to offer coverage, doesn’t apply to the whole chain. If you don’t get it through your employer then contact healthcare.gov to find out your options.

Curious on

Where is the information for the Part-Time employee definition in the Law? I’ve been looking for it and can’t find it…

Tin Borgman on

Is it correct that the premium tax credit to help part timers and low wage earners afford the marketplace insurance premiums has to be paid back? Thus, reducing or perhaps eliminating altogether the future tax refunds one would normally have to help balance debts – the one thing poor people look forward to each year? Also, why are the marketplace insurance plans so unaffordable? They are hundreds of dollars for monthly premiums and most have a thousand or thousands of dollars required deductibles which means I would never really be getting a benefit as I would always be paying the deductible and paying back the premium tax credit as well.

Michele on

Does the employer have the choice of how many hours are considered full time? Could full-time be 40 hours a week for a company over 50 employees?
We have always been told that we were exempted because it’s a home health agency and the employees are per-diem. The nurses get to choose what they want to work. They are considered “per-Diem” . Now we are told otherwise.
We are offering it because of fear of getting fined but for the small business having to carry it is really killing us.
Some insurance say full time is 30 hours while others are telling us the employer can decided hat is full-time and it could be anyone over 40 hours.

ObamaCareFacts.com on

There is no choice and 30 is the basic underlying rule for those with 50 or more employees (not for those with less). However, there are a few rules for different employee types, such as per-diem. You can learn more here: http://obamacarefacts.com/obamacare-employer-mandate/

This Federal Register also describes some unique situations https://www.gpo.gov/fdsys/pkg/FR-2014-02-12/pdf/2014-03082.pdf

Dee on

They should do away with this Health coverage. It is not helping, but is a burden. People hours are being cut, can not work overtime. we can not pay our mortgage let along afford the prices they are asking for at the marketplace working only 116 hours a month.

Angry waitress on

I agree. The question was not answered. My employer limits hours to under 30 a week so they do not have to provide healthcare. How is this legal, or human? By the way, I work for a chain restaurant, who’s owner’s net worth is 240 million dollars.

ObamaCareFacts.com on

It is technically legal, as for the human part… I’m not sure as to the exact question not answered. If someone states it specifically I am happy to answer.

Rogers b Brown on

I work 20 hours aweek and I sure be getting 28 hours aweek but my general manager don’t put it in, what to do about this issue.

Alex Wise on

How do Obamacare regulations (such as the 30 hr mandate for providing insurance) apply to the public sector? For example, does a fire station have to provide employees with health insurance?
If so, does the “way around” being offered coverage apply to the public sector?

ObamaCareFacts.com on

The rules apply generally to all sectors, with some employee types like adjunct and per-diem having special rules. There is no good way around the mandate for employers with more than 50 full-time equivalents. A fire station could reasonably have less than 50 full-time equivalents though, so that would be the first thing to double check. If you do have to comply then it becomes a debate between paying the fee and offering coverage to those working over 30 hours. Workers can choose to not take a plan, but being offered a plan will bar them from getting marketplace cost assistance.

Tim Brogan on

I am retired, deputy sheriff, and went back to work for the Sheriffs Office two years ago, working part time in the courts. My former employer pays a part of my medical insurance and I pay the balance. I am told that I can’t work over 29 years a week, being part time we don’t get any vacation time, sick time or holiday time. The only reason I get medical coverage is due the fact that it was a hiring agreement that if any employee stayed long enough to retire 25 + years, the county would pay part of the medical insurance.
I can’t work full time due to my states retirement pay… I can’t work for any agency that has state retirement as a retirement benefit.
Is there some exemption for law enforcement as to the part time hours rule???

Thank you

ObamaCareFacts.com on

There is no good exemption, although I would personally like to see one to avoid cases like this. You must be offered a plan as a full-timer, but you can reject the plan. So in a position where you can ensure your employer you won’t take the coverage it is sort of moot point. Being offered coverage via the employer does bar you from getting marketplace cost assistance (if you do you’ll incur a fee for the employer), but it doesn’t stop you from getting a plan another way.

The fee is ONLY levied on employers when they refuse coverage to greater than 95% of full-time employees and then at least one employee gets subsidies on the marketplace. If the employer avoids that, then they can essentially do what they want outside of this. The employer can also offer a specific type of section 105 plan (but this is probably out of scope here).

Joe on

I work full-time at a school setting. I will not be having full-time hours in the summer so my employer cancelled benefits effective May 31st. They did say it will resume when I return back for the next school year with an effective date of September 1st. I will have to be paying COBRA until then. Is this some sort of time frame for the reduction of my hours before my benefits should have been cancelled?

M on

This answer is BS. It’s entirely focused on the business needs and not the question posed by consumers. The question remains: What are part-time workers supposed to do in order to be provided health insurance from their employer?!?

ObamaCareFacts.com on

An employer can choose whether or not to offer coverage to a part-time worker. If an affordable plan is offered then that coverage option could bar the worker from getting cost assistance on the marketplace. Those with part-time hours often get a better deal through the marketplace and Medicaid. http://obamacarefacts.com/affordable-employer-sponsored-coverage/

Also, I get the frustration, but realize this is a privately run site answering questions on all 1,000 plus pages of the law and the corresponding healthcare system. The aim is to give great information, but it isn’t always clear exactly what is being asked. Many issues are complex and have a range of answers that depend on specifics. So always feel free to ask specifics.

Sharon on

My company went through a change in ownership in 2015 and the company that acquired us has employees in more than one state. Our previous owner followed the rule about full time being 30 hours per week for insurance benefits, so our new company went with that rule for employees in my state (MO) but still has a rule of 35 hours/week for employees who are working in other states. How can they still consider 35 hours a week the minimum for full time benefits? Is there an exception for companies who have a self-insured group medical plan, or is there a grandfathered status that they are still able to fall back on?

Irish on

If you got hire as a per diem but work 40 hours a week should you be getting benifits

Thinh Pham on

If 30 hours considered full time do I get pay overtime if I work more then 30 hour a week if not this law just cost me to lose out on more money.

ObamaCareFacts.com on

The ACA doesn’t affect overtime as far as i’m aware.

Rich on

I am an on call employee working 40 hours a week average for nearly a year and would like to know if I am entitled to health benifits? I work for a large Psychiatric and Addiction Hospital in NJ.

ObamaCareFacts.com on

Yes, you are generally at this point past the necessary measurement periods and should be at the point where you would be offered coverage. Because of the ways all the details work the best place to start is talking to your employer about specifics. Then address it from there.

Rosalie Olejownik on

I work for a non profit national organization that had an adult daycare recently a separation occurred from the National Office and a new non profit was formed for the daycenter.
Day care employees had to resign from the National Organization and are now employees of the new non profit. Working for the National Organization If one worked 25 scheduled hours one qualified for health insurance I was told that due to changes in the
Affordable Care Act I would have to work 30Hrs to qualify for health insurance .
I would appreciate some clarification regarding these changes. Thank You

richard on

the stupid 28 hour limit is retarded, last time I looked this is America and we should be able to work as many hours as we want. with that if where allowed to work then we could afford the health insurance. so Obama’s “affordable health insurance” is a myth. if he didn’t limit the amount part time could work than it would be affordable. instead of giving free handouts to everyone.

ObamaCareFacts.com on

Very little of what you said is pure fact-based truth. I get it that you are emotional.

So, if your employer employees 50 or more full-time equivalent employees then you must be offered coverage if you work an average of over 30 hours a week.

If your employer doesn’t want to give you full-time to avoid paying the fee, then yes this can be frustrating. But this is the only situation where this line of argument really comes into play.

It is a mixed bag, some aspects are good, but not all of them.

janet parkins on

my employer told me that they would get fined if we worked more than 130 hours per month guess what my hours were cut and now im on food stamps i say we quit listenening to these officials in govt and quit paying our taxes all together , quit voting, quit paying for all these darn toys that they throw our way ….i also can no longer pay my rent so i have to go back to my dads trailer that is 60 yrs old and full of holes thank you all in govt screwing us all over since nafta

ron lien on

so can I work over 29 hours if i waived all binifits

Johnathan Michael Hamada on

I am a meat associate at a Walmart market place in Chesapeake Virginia and I have been working between 32 and 40 hours per week for the past 8 months. The last time I averaged all of my worked hours listed on my paystubs was nearly 2 months ago and it came out to be 34.5 hours per week.

I am being called part time by the managers in the store and was told that only full time associates can get medical benefits. I have been using the healthcare marketplace benefits to the maximum amount possible and I am afraid of what will happen to me come 2017 tax season. The store manager consistently uses nepotism as she is not the original store manager that opened the store 2 years ago. I was promised by my former assistant manager that I would be given a full time position shortly 7 months ago and the store manager pushed it off for months. When I finally pushed the topic she ended up hiring a personal friend of hers that she worked with in the distant past and gave him my position. Among other issues she and her crew are using fear tactics to force myself and others to bend to their rule.

Help?

ObamaCareFacts.com on

The only thing I would say is that you could be simply coming up to the end of a measuring period. The measuring periods are complex and allow employers to use full-time labor without benefits during a transition period. So you may be dealing with that.

In this case I’d consider going higher up the Walmart food chain and circumventing having to deal with this person all together. If they are bending rules around I would guess corporate would not be happy to hear this, they can also likely clarify other details for you.

Lynn Mitchell on

The first question did not address my my question: My employer offers insurance at 30 hours. We cannot not be sick and have a Drs. note apply to time lost. We work for unpaid time off which we have to use if we are out sick, we get no vacations unless we work extra to cover those lost hours and make them up for insurance purposes. I am on Social Security and would prefer not to work the full 30 hours under those stringent stipulations. Can I apply for individual health insurance through the exchange if I choose to lower my hours and not qualify for their health insurance?

Roxanne McElhinny on

My husband is retired and I was told a year ago because I am part time I can’t receive insurance coverage by my employer,so we went into the marketplace and got coverage. Now my employer tells me a year later I have to get my own insurance. I am at retirement age and have six days before I go in for bilateral knee surgery. If I retire before my deadline before my insurance is due will that affect the subsidy of our insurance we have now?

Tiffanie healey on

I work per diem and am only permitted to work 28 hours per week by my employer due to obamacare. I have my own health insurance through my husband. Am I able to legally work more than 30 hours weekly if I have my own insurance?

FLORENCE HODGES on

I thought that if an employee averages 25 hours per week over a 16 week period that as of January 2016, they were to be considered full time. did i misunderstand that.

ObamaCareFacts.com on

It is 30, and measurement periods can be a bit complicated. http://obamacarefacts.com/questions/initial-measurement-period-start-date/

Rick on

My company has 100 part time employees. Do I need to offer insurance to all the employees now? Since its equivalent ton50.

ObamaCareFacts.com on

You only need to offer it to substantially all (95% of) full-time employees. They don’t need to accept. See measurement periods for specifics: http://obamacarefacts.com/questions/initial-measurement-period-start-date/

sylvia kokowski on

Is the Obama Care 30 hours per week the new Full Time Work Week. What about those who are currently working with the same employer at 40 hours per week with one hour unpaid lunch for a total of 35 hours per week. Should they be brought back down to a 30 hour work week.

ObamaCareFacts.com on

To avoid offering this person coverage, they would need to have hours below 30 on average. Likewise at 30 or more they should be offered coverage. However, one needs to take measurement periods into account to know the specifics of when coverage should and shouldn’t be offered. Measurement periods are complex, so its important to understand them: http://obamacarefacts.com/questions/initial-measurement-period-start-date/

TIP: 27 hours a week is the safe harbor. This means an employer is wise to keep part-time employees at 27 or less to avoid the employee accidentally qualifying as full-time.

julie on

So being on ssi and working 27 hrs a week will they cut my ssi?

Ruben Montez on

I work 31 hours a week but at times if it’s slow I won’t work one day or if I’m late I won’t get my full 31 hours…but normally I work 31, but my employer is saying that I don’t work enough hours and is cancelling my insurance, can he do this

Name on

Does not answer the question Is Less Than 30 Hours Part-Time Under ObamaCare?

ObamaCareFacts.com on

Full time is 30 hours a week. So Less than 30 hours is part time. I’ll make sure the answer is clear.

Cylvia on

So i work over 120 hours a month and i work full time hours but i am considered part time i want full time. I applied and didnt get the job and also i have been discriminated against

Karen Catzaro on

Is it legal for an employer to offer health insurance to employees who work less than 30 hours per week if they so choose?

ObamaCareFacts.com on

Yes, an employer can offer health coverage to any employee (as far as I understand the rules, certainly the ACA doesn’t prevent it).

Here is an article about the pros and cons of offering part-time employees coverage: https://www.allbusiness.com/offering-benefits-to-part-time-employees-14562087-1.html

Jaime Crandall on

I am a part-time employee. Work under 30 hours a week. I need insurance badly. Please help me

Bruce on

You did not address the second part to this question. If someone is over 65 and has medicare can they work more than 30 per hours/week and be considered part-time?

ObamaCareFacts.com on

Age doesn’t matter in terms of the new rules about full-time and health coverage. This means a senior with Medicare can end up having their hours reduced below 30 as a safe harbor, even though they would for all purposes reject the coverage and thus the employer would be unaffected (having offered coverage, but not having to have to provide it). If the employee’s family is offered coverage they not be able to get marketplace coverage with cost assistance. This creates some complexity and is a consideration for both the employee and the employer.

Cathy Hendrzak on

I work for an employer that is cutting some employees down to under 30 hours so as not to be liable for insurance. There are some employees that have their own coverage and do not want to enroll in the company plan even if it was offered. Is there a way for my employer to offer the coverage to those that want to work greater than 30 hours but have it LEGITIMATELY (i.e. proven coverage) turned down so as to keep full time status. If so, is there a legal form that the employee can provide to prove proper coverage to the employer so that the employer does not get penalized? Thank-you very much.

Shatai on

Hi. I was hired as a seasonal worker on October 3rd in Maryland since then I’ve been working multiple hours… Starting this week I will be working 30-40 hours each week. I have Medicaid, my question is would they cut my hours down each week to avoid offering me coverage, even though I do not want it? And could they do that?

Teresa on

Hello I work 27 hours for the bank, I don’t get PTO. that is correct?
If I work 30 hours it will be considered partime ? I don’t understand why I don’t have PTO

Ernesto Ramos on

My co worker is part timer but he worked 5 days in a week and 2 days off is that legal even he is only a new part timer employee?

ObamaCareFacts.com on

It can be, hours are judged over measurement periods (such as an initial 90 day measuring period). So the amount a person works in a short period time won’t always be a determining factor.

Brett McNeill on

I am currently working to bring my average down under the 30 hours after going over early in my employment. Previous employees have had to take extended breaks (13 weeks to be exact) after they were over the limit. What is the punishment for the employee if they are over the 30 hr average? Also, am I correct in saying that the 30 hr a week average is calculated on the 6 month day of employment? Lastly, can the employee transition into full time employment (benefits, etc.) before the hours are averaged if they are over the 30 hr average?

Jena Gilman on

Is an employer prohibited from offering health care benefits if the employee works less than 30 hours per week? If not, is there any sort of minimum, such as 20 hours, below which an employer is prohibited from offering health care benefits?

erin.georgen@gmail.com Erin on

Employers are never prohibited from offering health insurance.

Judy Guarno on

This healthcare law was the worst thing for so many people. Most jobs are now part time So I wonder, how many part time jobs do we need to make a living? I was working 35 plus hours per week making enough to pay my bills and have just a little extra. Since our hours at work were cut to 29 hours, I still have to pay for healthcare out of my pocket and can barely get by. So I tried to get a second job on the side. I am a 58 year old six year breast cancer survivor. I tried to get a second job in retail. I could not even finish the training due to exhaustion from working 13 hours per day. Whats really sad is, my parents retired close to my age. They had two properties paid off by the time they retired. Money they saved for retirement in the bank. They were not college educated and made decent money working in factories. This craziness that everyone has to be college educated is for the birds. So my son just got a bachelors degree with high honors and found a job for $13.50 an hour. He now has a student loan for the next 10 years. Where are we all going? This sounds all like some kind of joke. Welcome to America, sounds like most of us are doomed.

Barbra H Varnhagen on

This Q&A did not address my question. I have an employer saying that the ACA prohibits it from offering coverage to employees that work fewer than 30 hours a week and I had never heard that and wanted to confirm it.

Erin on

The Affordable Care Act doesn’t prohibit employers from offering coverage to anyone, but there are some restrictions for employers who simply want to pay for premiums purchased by employees through the Marketplaces. Employers are not required under the ACA to cover employees working less than 30 hours a week though.

Marian on

What year was part time worker wasn’t given health ins. My employer keeps my hours down in order of not having to offer me health ins

Tj on

I have been working at a job for a 6 months and I am definitly averaging over 32 hours a week. I was told I have to work 7 days in a row and live in Illinois according to the law this is not allowed by an employer if they go through with this am I considered full time and does this law apply to me?

chris johnson on

so if an employee works one day( midnight to 11:59 ) or 23 hours and 59 minutes all on one day, is it considered one day . which means that they can work this way twice in a week and still be considered part time?

King Manor on

Does an employee have to work 20 hours a week or a total of 40 hours in a pay period in order to qualify for benefits? Example: I work 12 hours one week and 28 hours the next week to make up the difference with a total of 40 hours for the pay period.

Aggie on

I have been working “part time” over 30 hours a week for at least a year now. Consistently. Our HR dept is telling me that I’m only “budgeted” for 16 hours and it doesn’t go by hours actually worked. Is this true? Am I entitled to full benefits in 2017?

Robert Nelson on

I was offered a 30 hour a week job with security how do I get medical coverage?if they don’t offer

ObamaCareFacts.com on

Use the marketplace healthcare.gov.

Robert on

Is the a set evaluation period employers must follow to determine if they must offer their employees health coverage for 2017. In my case my average hours worked in 2016 are over 30 per week but due to cutbacks if you include December 2015 I fall short. Where can I find this information.

Erin on

The IRS allows employers to decide new hire “variable hour” employees to be considered less than full time as long as it wasn’t advertised as a position which would have qualified for a health insurance benefit or as being more than 30 hours a week. Employers can determine is new variable hour employee is expected to be full time (over 30 hours a week), but must offer insurance if the employee achieves an average of more than 30 hours of work each week on 3 month, 6 month, and annual basis. That being said the average hours per week worked in the last 12 month period for existing employees (even variable hour ones), there are guidelines intended to prevent employers from suddenly ending employee coverage because of reduced hours, which is called a “stability period”. Here is more information from the IRS.

ana lopez on

I am still not sure if working 30 hrs/week entitles me to have health insurance. They’re a large establishment with more than 50 FTE’s. Are they supposed to offer me health insurance?

Erin on

Short answer is yes. 30+ hours at an employer with 50 FTE or more and the employer must offer insurance. The long answer is that there are some exceptions and a process for new employees that were not necessarily intended to be a 30+ hour job or is a variable hour job. In that case, employers are supposed to assess your average hours at specific intervals and to provide insurance if the employee is averaging over 30 hours a week. Here’s more information about that form the IRS.

Donna on

Trump just did away with this!!! Yay!

ObamaCareFacts.com on

I wonder what you do for a living to celebrate insurance being taken away? Do you own a large business? 80% of America gets their coverage through work, now (assuming action is taken on the order) employers won’t have to cover you through work.

Dianr on

I’m a part time employee. My company offers health insurance to part-time employees. Can I work more the 27 hours a week

ObamaCareFacts.com on

If you work for over 30 (not 27, 27 is a safe harbor) for enough time then you will end up qualifying for coverage under the rules. The trick here is understanding measurement periods. https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/aca-measurement-periods.aspx

Lyra on

If you work more than 120 days in a year, but less than 30 hours a week, are you considered part-time or full-time?

ObamaCareFacts.com on

It is a 120 in a month not a year, but in a month yes and in a year no. However, one still has to consider employer measurement periods (which can complicate things).

Sue on

If an employee’s regular schedule is 30 hours a week, and they take a few unpaid vacation days off within a month, are the unpaid vacation days counted against the employee’s monthly requirement for maintaining benefits eligibility? If so, would the employee need to make up those hours in order to not compromise their eligibility status? Thank you

ObamaCareFacts.com on

It shouldn’t really effect things given measurement periods being adjustable. There is lots of wiggle room, but let’s say the person is so close to not making the full 30 that even one day off over any period would make them not full time… in that case they might actually run into problems.

That should be taken as general advice. The measurement periods and extra rules are a little complex and I don’t want to be offering the last step of advice here. In all cases I always say to the employee “talk to your employer” and to the employer “talk to a professional for guidance).

jason on

If an employee works full time with company A and is receiving health benefits form company A, can the same person work for company B above the 30 hour average and company B not fall under this mandate as the employee is covered under company A?

ObamaCareFacts.com on

I see what you are saying, if you work two full-time jobs then you could be in a position where both employers offer coverage.

Since no one bothered to fix the rule about employers fining employees, I’m pretty sure you can get charged a fee for dropping one of two coverages.

This would be the sort of thing that repair bills should be fixing. I’ve seen no evidence that anyone is trying to fix problems like this, do you?

There are some strange loopholes, but with that in mind, you can see if you can opt-out of one of the two (or both) without problems so you can better understand your options.