How many hours do I have to work for benefits?

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How many hours do I have to work for benefits?

I work at a preschool in California. I have been
working 40 hours a week and want to cut back
my hours just a bit, to 35 per week. I receive
medical benefits. How many hours must I work
to keep my benefits? I work for a small
business with 8 employees.

Asked on July 11, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It's up to your business: business do not have to provide health insurance; it is voluntary for them to do so, even under the ACA (see below), and since it is voluntary for them, the can freely decide threshhold in terms of hours to get health insurance. So your employer could set that threshhold at 30 hours, at 35, at 40--at whatever it wants. You need to check with the employer to see if they will provide health insurance at 35 hours.
As for the ACA: it requires larger businesses (50 or more employees) to provide health insurance or pay a tax penalty, but your business is to small to be covered--and a larger business could elect to pay the penalty rather than provide insurance, anyway.


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