How many hours do I have to work for benefits?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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