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Category: Frequently Asked Questions

My employer offers health benefits to me and my family. The company pays the entire cost of my coverage but contributes nothing toward the cost of covering my family. We can’t afford to enroll my spouse and kids. Can they get coverage and subsidies in the Marketplace instead?

You can always shop for health coverage in the Marketplace. However, your employer-provided coverage is considered “affordable.” That’s because the affordability of employer sponsored coverage is only measured with respect to self-only coverage. Because your employer pays the entire cost of the employee-only coverage, you are technically considered to have affordable coverage (even though practically speaking, it was unaffordable to you.) As a result, neither you nor your spouse and children are eligible to apply for premium tax credits in the Marketplace. Sometimes this rule is referred to as “the family glitch.”

There are some other things you should know. First, depending on your family income, your children might qualify for the Children’s Health Insurance Program in your state. Check with your state Marketplace to find out if your children may be eligible for CHIP.

Second, if you find you cannot afford to get coverage for your spouse and/or children, you should know that starting in 2019, there is no tax penalty for not having health insurance.

My employer offers health benefits but doesn’t contribute much toward the premium. I can’t afford my share. Can I apply for coverage and subsidies in the Marketplace instead?

You can always shop for health coverage in the Marketplace. However, if you’re offered employer health benefits, you can’t qualify for premium tax credits in the Marketplace unless your employer coverage is considered unaffordable. If your share of the premium for self-only coverage in your employer plan is 9.86% or more of your 2019 household income, it is considered unaffordable, and you can apply for premium tax credits in the Marketplace.

I work and am eligible for health benefits. Do I have to sign up for my job-based plan or will my employer do that for me?

You generally are responsible for enrolling in a health plan offered by an employer, so it’s up to you to sign up for coverage under the rules and procedures established by your employer health plan.

Some employers may use auto-enrollment, which means that your employer will enroll you in a plan and you must opt-out of the plan if you do not want to be covered. If your employer auto-enrolls you in the group health plan, you must be given the opportunity to disenroll if you want or to change plans if your employer offers more than one option. If you have concerns with the way auto-enrollment in health coverage is handled at your job, you can contact the US Department of Labor at 1-866-444-3272.

I was just hired and told I’m not eligible for health benefits right away. New employees have to satisfy a waiting period. Is that allowed?

Yes, employers can require a waiting period before new employees are eligible to enroll in a group health plan. These waiting periods are not allowed to be longer than 90 days. If you are concerned that your employer requires a waiting period longer than 90 days, you can contact the US Department of Labor at 1-866-444-3272.

We just had a baby. Before that my spouse and I were each covered under our own health plans at our own jobs, but now we want the family covered under one policy. Can we all switch to my employer plan now?

Yes. Having a baby is one of the special circumstances that allow you to add dependents to your health plan even outside of the regular open season. You have 30 days from the date of your child’s birth to notify your employer and request that your spouse and your baby be enrolled in your coverage.

When can I enroll in my employer health plan?

Usually, you can sign up for health benefits when you are first hired. Most employers also have an annual open enrollment period, or open season, when you can sign up for coverage or (if your employer offers a choice of plans) change your enrollment to a different health plan. In addition, there are special circumstances, called “qualifying events” that trigger a “special enrollment opportunity” outside of the normally scheduled annual open season. These qualifying events include loss of eligibility for other coverage (for example, because of job loss or reduction in hours worked, death, divorce or legal separation, or loss of dependent status) and certain life events such as marriage, or the birth or adoption of a child. In general, you must be offered a special enrollment opportunity of at least 30 days following these qualifying events to enroll in your job-based health plan.

I work full time for a small business (fewer than 50 employees). Does my employer have to offer me health benefits?

No, small businesses are not required to offer health benefits to either full-time or part-time employees, or to their dependents. Small businesses are not subject to tax penalties when they don’t offer health benefits. If your small employer doesn’t offer health benefits, you (and your family) can apply for coverage in the Marketplace; and, if your income is between 100% and 400% of the federal poverty level, you can apply for a premium tax credit that may reduce the cost of coverage in the Marketplace.

I work for a large employer (more than 50 full time employees) but my hours vary during the year. I work full-time during the summer but part-time the rest of the year. Does my employer have to offer me health benefits?

Large employers must offer health benefits to employees who work, on average, at least 30 hours per week, or else pay a tax penalty. Check with your employer/human resources department to find out if your hours worked over the year meet this threshold. If your hours vary during the year, your employer may have some options in determining your status as a full-time or part-time worker. Your employer can tell you whether you are a full or part-time worker.

I work part-time for a large employer. Is my employer required to offer me health benefits? What about benefits for my spouse and kids?

No, large employers are not required to offer health benefits to part time employees and there is no penalty for large employers that don’t offer health benefits to part-time employees or their dependents. If you work part-time and you are not offered health benefits, you (and your family) can apply for coverage in the Marketplace; and, if your income is between 100% and 400% of the federal poverty level, you can apply for a premium tax credit that may reduce the cost of coverage in the Marketplace.

Note that a part-time employee is one that works, on average, fewer than 30 hours per week. If your hours vary during the year, your employer may have some options in determining your status as a full-time or part-time worker. Your employer can tell you whether you are a full or part-time worker.