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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.

I work full time for a large employer (more than 50 full time employees) and I’m married and we have kids. Is my employer required to offer health benefits that cover my spouse and kids?

Your employer is not required to offer health benefits. However, large employers that don’t offer health benefits to their full-time employees and to their dependent children may be liable for a tax penalty. Large employers do not face a tax penalty if they don’t offer health benefits to the spouses of their workers.

If your employer doesn’t offer coverage to your spouse or children, they can apply for coverage in the Marketplace and, if your family income is between 100% and 400% of the federal poverty level, a premium tax credit that may reduce the cost of coverage in the Marketplace.

If your employer offers health benefits (that are affordable and meet minimum value) to you and your spouse and children, you still may choose to purchase coverage through a Marketplace, but your family will not be eligible for premium tax credits to help pay for the coverage.

I work full time for a large employer (more than 50 full time employees). Is my employer required to offer me health benefits?

Your employer is not required to offer health benefits. However, large employers that don’t offer health benefits to full-time employees and to their dependent children may be liable for a tax penalty. If your employer doesn’t offer you health benefits, you can apply for coverage in the Marketplace; and, if your income is between 100% and 400% of the federal poverty level, you may apply for a premium tax credit that may reduce the cost of coverage in the Marketplace.

Note that a full-time employee is one who works, on average, at least 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.

I use a farm labor contractor to provide most of the workers for my farm. Is the contractor required to provide health benefits or am I?

The proposed IRS rules governing employer responsibilities utilize the common law standard to identify whether an individual is an “employee” of a business, for the purposes of assigning employer responsibility to provide coverage. In general, this means that an employer has the right to direct what an employee does and how it is done. Whether a farm labor contractor or a farm itself is responsible for providing coverage thus depends on which entity “directs what an employee does and how it is done.”