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As mandated under the Affordable Care Act (ACA), employers subject to the Fair Labor Standards Act (FLSA) are required to provide a notice to new employees of coverage options, including their right to shop for health insurance at the Marketplace (also known as the Health Insurance Exchange).
The Department of Labor (DOL) issued Technical Release No. 2013-02, which includes guidance and a Model Notice to Employees of Coverage Options. To assist you in developing your notice, we have included a “Notification of Health Insurance Marketplace” template that meets the DOL requirements. You may use the template as your actual notification, or you may use the template along with the DOL Technical Release as guidance to develop your own notification.
Notice to each new employee (including students working for your institutions) must be provided at the time of hiring, regardless of plan enrollment status (if applicable) or of part-time or full-time status. The notice must also be provided within 14 days of the employee’s start date to meet the Department of Labor’s notice requirement to be provided at the “time of hiring”. You may provide the notice by first-class mail or electronically if requirements of the DOL’s electronic disclosure safe harbor at 29 CFR 2520.104b-1(c) are met.
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