Accessibility Tools

Skip to main content

RECENT REGULATIONS GIVE AN EMPLOYER TWO WAYS TO MINIMIZE THE IMPACT OF THE 90-DAY LIMIT ON WAITING PERIODS

Written on .

Obamacare prohibits an employer from imposing a waiting period of more than 90 days before an otherwise eligible full-time employee can begin participating in the employer's health plan. Recent regulations, however, create two safe harbors that an employer, particularly an employer with high turnover, may wish to consider.

Regulations issued in February (26 CFR § 54.9815-2708(c)(3)(ii)) allow a health plan to impose up to a 1,200 hour of service requirement before starting the waiting period.  The employer would need to track the hours precisely and start the waiting period on the first day after the employee completes the 1,200 hour of service requirement.

Regulations issued in June (26 CFR § 54. 9815-2708(c)(3)(iii)) allow an employer to impose an orientation period of not more than one month minus one day before the waiting period begins. The orientation period must begin on the employee's start date.

An employer should consult with legal counsel to make sure that these or other methods for minimizing the impact of the 90-day limit on waiting periods do not create legal problems. For example, large employers may find that adopting either method would result in employer taxes.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

airport, fence
On Friday the United States Supreme Court lifted the stay that prevented the federal government from removing people who have parole status…
venezuelan flag
The Trump Administration’s immigration actions have created confusion and frustration for employers who are trying to maintain a legal and…
a painted of a different looking people
In the Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) released March 19, 2025, the go…
seating, indoors, government building
Occasionally, Immigration & Customs Enforcement (ICE) agents, or those from other state and local agencies, come to an employer’s facil…
irst woman jury, Los Angeles
Fairness is a fundamental human instinct.  For example, whatever the rights and wrongs of an employee’s firing, the manner in which the emp…
person reading newspaper on bench outside
Although the list of current issues that are relatively new and critical affecting employment decisions could get quite lengthy, this autho…