full time(?) work and health insurance

[squid_ink]

If you're employed 35-40 hours a week at a company, shouldn't you be eligible for health insurance, by law? I know someone who accepted a position for these hours, and the offer of employment letter said they would NOT be provided health insurance. I thought if you work more than 25-30 hours a week, it's considered full time employment and you

Comments

[journalismgirl]

No. Health insurance is not a guaranteed right. It's something that employers provide because they want to, not because they have to.

[squid_ink]

I did not know this.. thanks.

[nacho_cheese]

Unfortunate, but true. And almost guaranteed if you're temporary (or work through a temp agency).

[meredith_mae]

That depends on the state and the number of employees.

[gindaisy]

There is no law that requires health insurance be offered. If there is a plan in place and it says that all employees who work more than X hours are eligible, then it has to be offered to everyone who meets that criteria.

[squid_ink]

I think that's where I got confused.. all the companies I worked for had a plan like this in place.

the (new) employer is a very small shop and probably does not have such a criteria.

thx

[journalismgirl]

Yeah, small businesses are less likely to offer insurance.

You said that your friend is in New York, right? Since they're working, they may be eligible for Healthy New York.

[squid_ink]

the company is in NYS.. she lives in CT

[demure]

HAHAHAHAHA, if only! No, there's no legal requirement.

[athinker]

I don't understand, does the company offer insurance to other insurance to other employees but not her and that might be the issue?

If not are you seriously asking if every employer must offer health care to all full time employees?

[squid_ink]

does the company offer insurance to other employees but not her and that might be the issue?

other full time employees, yes, this.

[nacho_cheese]

DO they?! Okay, then something may be wrong here.

Not all companies say that 30-35 hours per week is full-time. Rather, they'll say that 40 is, and anyone who is less, is part-time. My sister works for a bank at 35 hrs/wk, and is PT by their definition. (But as it's a bank, she does get insurance -- I'm just making an example of the hours rather than the benefits.)

Perhaps she could bring it up to the employers. If they give her a hard time, I'd consult a pro bono employment attorney (or someone who at least gives a free initial consultation) and see what recourse she has.

Best of luck to her! I went without insurance for YEARS, and I'm blessed to have it now. But in this country, I'm of the opinion that it's a basic right. Who am I to say, though, as a peon in the American legal system. ;)

[colliemommie]

Some companies also have a requirement that you must work for x amount of time before becoming eligible for benefits. Depending on the company it could be up to a year before you get any benefits.

[packmybags]

Even if an employer offers health insurance to full-time employees, she could be in an "exempt" position which means benefits are not offered even at full-time hours. Usually exempt positions offer higher pay without benefits.

[gindaisy]

An exempt employee is exempt from the Fair Labor Standards Act, which means that overtime isn't paid. I think you may be thinking of contract or consulting positions. The FLSA has nothing to do with benefits/rate of pay.

[journalismgirl]

*nods*

I'm an exempt employee, and I get the same benefits -- health insurance, 403(b), tuition assistance -- as our non-exempt staff.

[bookgrrrl]

Hmm.. when I was an "exempt" employee, I got no benefits, versus "merit" staff who did.