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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19959
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Than 35 years our company offer Health Insurance to a

Customer Question

For more than 35 years our company offer Health Insurance to a full-time employees only, it's legal to offer it to only one part-time employee or we have to offer to all of them too?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Generally employers have discretion when structuring their benefits plans and are able to make distinctions among employee populations regarding access to and the level of benefits offered. Plans, including health plans, may differ among employees only on “bona fide employment-based classifications” consistent with the employer’s usual business practice. For example, part-time and full-time employees, employees working in different geographic locations, and employees with different dates of hire or lengths of service can be treated as different groups of similarly situated individuals.

So, although it is conceivable that some, but not all, part-time employees might be offered health plan benefits, the employer must be able to identify a "bona-fide employment-based" reason for only offering that one part-time employee benefits. If they can't, then they can face substantiated discrimination claims. For example, if this part-time employee is the only part-timer that works in administration, then the employer could say that all administrative staff are eligible for health insurance, whether full-time or not. However, if this part-time employee is not in a unique position from other part-time employees, providing them with benefits would subject the Company to discrimination complaints.

Please feel free to ask for clarification, if needed. If not, if you could take moment to leave a positive rating in the box above, I will receive credit for my work. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 23rd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit for our work, that the customer thinks have gone through. In your case, I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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