Affordable Care Act 40 Hour Mandated Work Week
The Fair Labor Standards Act (FLSA) gives no definition of full time employment (www.dol.gov, 2015). According to the United States Department of Labor website the matters of full time or part time employment are left to be determined by the employer (www.dol.gov, 2015). Full time employment had been described as working no less than 30 hours/week to help guide employers for the purpose of offering health insurance benefits. The definition of full time employment is now being defined and this new definition may affect a good number of the work force in positions where it is more productive to work less than 40 hours/week and still be able to receive health insurance benefits from the employer.
Current Position: The recently passed Save American Workers Act of 2015 (congress.gov, 2015) which redefines “full-time employee” under the Affordable Care Act (ACA) raising it to 40hrs/week from 30hrs/week for purposes of employers mandated to offer health insurance benefits to employees’ employed on a “full-time” basis. It is currently referred to at congress.gov as the Forty Hours Is Full Time Act of 2015 with its summary list as “in progress.” This would impact some professions such as nursing where some full-time employees are only required to work 36hrs/week.
Topics Relevance: It is important to understand the rationale behind the definition of full-time employment as 30 hours/week and how this new policy would affect the workforce and the flexibility that comes with the way the shifts are designed, for example, nurses who work 3 – 12 hour shifts for a total of 36 hours a week.
Congress.gov. (2014). H.R.2575 – Save American Workers Act of 2014. Retrieved from https://www.congress.gov/bill/113th-congress/house-bill/2575/
Congress.gov. (2015). S.30 – Forty Hours Is Full Time Act of 2015. Retrieved from https://www.congress.gov/bill/114th-congress/senate-bill/30?q=%7B%22search%22%3A%5B%22forty+hours+is+full+time+act+of+2015%22%5D%7D
United States Department of Labor (2015). Fair Labor Standards Act. Retrieved from http://www.dol.gov/elaws/faq/esa/flsa/014.htm
United States Department of Labor (2015). Work Hours: Full-Time Employment. Retrieved from http://www.dol.gov/dol/topic/workhours/full-time.htm