I work for a very large health care company with several thousand employees. I was hired as a pay-per-visit-employee. I have always worked in excess of 30 hours per week however, I am not eligible for the company’s health insurance benefits because I am only a pay per visit employee. Can they avoid the ACA mandate of offering me health care coverage just because of my job classification?
An employer can't refuse coverage to a full-time employee, regardless of job classification, however they can credit hours in such a way that it may not qualify you. For instance an adjunct teacher may only be credited with a fraction of hours, furthermore employers can use year long look-back periods to show you aren't full-time. That being said, it seems like they are on some shaky ground here. The best bet would be to ask them to clarify what rule they are referring to to show they don't need to offer you health insurance due to job classification. Feel free to run it by us when you have that.
Here is some additional information:
"Seasonal employees, contractors, volunteers, educational employees, services provided by student work-study programs, adjunct faculty, and business owners either don’t count toward the total or count toward the total differently. For those who do count toward the total, employers should use a reasonable method of crediting hours of service that is consistent with section 4980H of the IRS tax code."
Generally there is just a fine line between being a "contractor" and an employer using "contractor" status to avoid payroll taxes and providing benefits. Nothing you stated above specifically says you must be one or the other. Check out this article from the Department of Labor. We will collect more facts on this to help better educate people moving forward. Feel free to post more findings below.