during the stability period that follows the standard measurement period. Employers are also permitted to use an administrative period between the standard measurement period and the stability period to determine which ongoing employees are eligible for coverage and enroll these employees. This administrative period may last up to 90 days, but may neither increase nor decrease the measurement or stability period. If a new employee is reasonably expected to work full time at the start date, no penalties will be assessed as long as the employer offers coverage to the employee before the end of the 90-day waiting period discussed in this article. There is also a special safe harbor for determining whether variable-hour and seasonal employees whether these workers are FTEs using an initial measurement period of three to 12 months. The employer measures the hours of service completed during that period to determine whether an employee completed an average of 30 hours of service per week. Period Limitation from imposing a waiting period for enrollment in group health coverage of more than 90 days. "Waiting period" is defined as the period that must pass before coverage becomes effective for an employee or dependent who is otherwise eligible to enroll under a group health plan's terms. The plan may impose other as the condition is not designed to avoid the 90-day waiting period limitation. potential liability for violation of the shared responsibility provision and provide them an opportunity to respond before any liability is assessed or notice and demand for payment is made. and avoid costly penalties, employers should have already taken a close look at the composition of their workforce to determine which employees qualify as FTEs. Employers with specific questions regarding their obligations under the ACA should consult an attorney. |