Under the Affordable Care Act, whether or not you are required to “play or pay”, ALL employers subject to the Fair Labors Standard Act (FLSA) are required to provide a notice to employees of coverage options available through the Marketplace by October 1,, 2013. Beginning October 1, 2013 new employees must receive the notice within 14 days of the employee’s start date.
Who must be notified and how should employees be notified?”
To assist employers with fulfilling this new requirement, the Department of Labor (DOL) has provided templates that employers may utilize to complete the requirement.
- Model notice for employers that offer a health plan to some or all employees
- Model notice for employers that do not offer a health plan to any employees
Employers are encouraged to evaluate whether they should modify the model notice to better fit the needs of the company and its employees. It’s a new frontier, and employers want the best for their employees. Take the time to include those sentiments in your communication on this emotional topic. Your employees will appreciate the extra time taken to inform them & help minimize their confusion.
The DOL permits employers to choose any of three notification methods:
- Employers may hand deliver the notice to each employee.
- Employers may mail the notice via first-class U.S. Mail to each employee.
- Employers may deliver the notice electronically to each employee, but must satisfy DOL’s safe harbor requirements below.
To ensure compliance, be prepared to send your employees their notice before the October 1, 2013 deadline.