Legal Question in Health Care Law in Pennsylvania
I have signed a contract with a university to teach for one year. The contract defines my employment status as "Part-time."
According to IRS regulations regarding the employer responsibility provisions of the Affordable Care Act, the law defines a � full-time employee� as one who works at least 30 hours per week on average.
The IRS calculation for determining "hours worked" for adjunct faculty (provided in �54.4980H) indicates that I will be teaching well over 30 hours per week, and should be provided with full-time healthcare benefits. I am certain that the calculation has been applied correctly -- my questions are:
Since I have already signed a contract with the University acknowledging my employment status as "part-time," am I no longer eligible for these benefits?
Does the Federal Statute supersede the University contract (not a collective bargaining agreement)?
Are they legally obligated to change my employment status (regardless of the contract) and offer me healthcare benefits?
1 Answer from Attorneys
Generally you cannot waive federally mandated benefits by agreement with your employer.
Raise the health care ins issue with human resources.
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