Important ACA Regulations Reminder
From: Chuck Flick, HR Director
University employees who work an average of 30 hours or more a week would be eligible for health insurance benefits under the provisions of the Affordable Care Act (ACA). Due to funding limitations and according to the Manpower Control Program, JMU as a Virginia State Agency must limit part-time employment to no more than 29 hours per week on average over the standard measurement period, May 1-April 30.
Part-time employees may work multiple part-time jobs at the university; however, ALL part-time hours worked are combined for calculating the average number of hours worked per week. Hours worked may include any combination of hours associated with the following job classifications: Recurring, Temporary, or Part-time Salaried Non-Teaching positions, Part-time wage (1500 hour positions), Student wage (Federal Work Study is exempt), Graduate Assistants/Teaching Assistants, and Adjunct Instruction.
Affordable Care Act regulations also mandate that full-time employees who leave employment with the university may not be re-hired to work any part-time hours until the employee has been separated a minimum of 26 weeks. This rule applies to JMU classified employees, and full-time instructional and A&P faculty.
The responsibility to plan, schedule and track part-time work falls to the employee and the hiring department with oversight and support provided by the Provost’s Office, Student Employment, and Human Resources. Failure to adhere to these regulations may result in penalties for the employee and the employer.
JMU and the Affordable Care Act
Policy 1313-Recruiting, Selecting & Hiring Classified and Wage (non-student/part-time) Position
Policy 1325-Wage Employment
In 2013, the Commonwealth of Virginia adopted provisions that limits all state part-time employees to working no more than 29 hours per week, on average, over the course of 12 months (52 weeks). According to the Department of Human Resource Management (DHRM), the amendment is necessary to ensure compliance with the Patient Protection and Affordable Care Act (PPACA), commonly called the Affordable Care Act. As indicated by DHRM, the state health plan currently does not permit participation by wage employees.
Under the Affordable Care Act, employers must identify a “look back” period (measurement period) in order to determine which employees will meet the Act’s definition of “full-time employee”, and must be offered healthcare coverage in order to avoid significant tax penalties. The Commonwealth of Virginia has determined the measurement period to be May 1 through April 30 of the following year.
JMU is not authorized to grant exceptions to the 1500-hour maximum. No exceptions will be approved. The responsibility to plan, schedule and track part-time work falls to the employee and the hiring department with oversight and support provided by the Provost’s Office, Student Employment, and Human Resources. Failure to adhere to these regulations may result in penalties for the employee and the employer.
Affordable Care Act regulations also mandate that full-time employees who leave employment with the university may not be re-hired to work any part-time hours until the employee has been separated a minimum of 26 weeks. This rule applies to JMU classified employees, and full-time instructional and A&P faculty.
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