Yesterday, the DOL issued several model notices required to be given by any employer subject to the FSLA. One of the notices must be provided to all employees by October 1, 2013 and all new hires on the date of hire thereafter. For 2014, a notice provided within 14 days from the date of hire will be deemed to have been provided on the start date. There is a notice for those employers that offer coverage and those that don’t offer coverage. For those employers that do offer coverage, the notice addresses the issues of affordability and minimum value and thus, the employee’s access to subsidies.
In addition, the DOL revised the COBRA notice to include marketplace language. Employers subject to mini-COBRA may also want to add the marketplace language.
The Department of Labor’s Employee Benefits Security Administration updated its Affordable Care Act web page with the following information on the notice to employees of coverage options:
- Technical Release 2013-02 – Guidance on the notice to employees of coverage options under FLSA §18B and updated model election notice under COBRA, available at http://www.dol.gov/ebsa/newsroom/tr13-02.html
- Model notice for employers who offer a health plan to some or all employees, available at http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf
- Model notice for employers who do not offer a health plan, available at http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf
- COBRA model election notice, available at http://www.dol.gov/ebsa/modelelectionnotice.doc
- COBRA model election notice redline version (to show May 2013 changes), available at http://www.dol.gov/ebsa/modelelectionnoticeredline.doc