If a church offers insurance to the full-time employees who work less than 40 hours per week, coulda part-time employee qualify?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a church offers insurance to the full-time employees who work less than 40 hours per week, coulda part-time employee qualify?

My church offers health insurance to the full-time employees. I am part-time bookkeeper and wanted to see if I could join the group policy at the church. Full-time hours vary – some work 20 hours, some work 30 hours. My hours range from 8-12 per week.

Asked on June 7, 2011 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, employers--including churches--are free to set their own policies for whether to provide health insurance at all (no employer has to provide it) and for what the qualifications are. Typically, that means setting a threshhold number of hours worked per week to qualify, typically in the 20 - 25 hour per week range, though the employer may set any number it likes.

Second, once the threshhold is determined and set, it becomes part of the contract with the insurer. That means that anyone who meets that threshhold must be offered the coverage--and anyone who does not is ineligible and will not receive it. As with any other contract, its terms control.

Third, while people commonly talk about "full-time" vs. "part-time" employees, those terms really have no legal distinction. For example, as discussed above, for health insurance or other benefit purposes, what matters are the threshholds set for getting benefits--not whether the employee is called a full-time or part-time worker.

So you need to check what your church's health insurance contract says and what the threshhold is for coverage. If you meet that threshhold, you are eligible.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption