X-Ell Employee Benefits, LLC

New-Hire/Employee Waiting Period

 

NJ Small Employer (2-50)

Reform Law Summary

An employer can elect a waiting period for newly hired or rehired employees between 0-6 months, in monthly increments.  The waiting period is calculated from the date of hire or rehire, or from when the employee first becomes eligible for coverage.  Rehires are treated the same as new-hires.

 

Businesses with high turnover in certain classes can select longer waiting periods for new hires in those classes.  If a business is seasonal, a 6 month waiting period may ensure that employees will not be able to enroll for health benefits prior to the satisfaction of the waiting period (see example below).  This must be applicable to the entire class of employees in order to be permitted by law.  If the business is seasonal, the owners may opt for immediate coverage, and should work hours fall below the minimum 25 hours per week at any point during the year, they may be eligible to continue health benefits under State or Federal continuation provisions (COBRA or New Jersey Continuation of Coverage).

 

Waiting periods must be the same for each defined class of employees in order to not be deemed discriminatory.   Each class may have a different waiting period.  

 

Some examples of classes are: salaried, hourly, management, non-management, officers, owners, partners, etc.  Once a class is established, all newly hired employees within that class will have the same waiting period.

 

When employers are switching between carriers or are initially enrolling for group benefits as a small employer, they can opt a 0-6 month waiting period (also in monthly increments) for present employees, as well.  The waiting period for present employees is calculated from each employee's date or hire, or date they first became eligible.  If the employer is switching from one small employer plan to another, or between insurance companies, those employees already covered will not have to satisfy a new waiting period to enroll. (NOTE: Do not confuse the waiting period for enrollment with the pre-existing condition waiting period imposed for uninsured employees or late entrants. See "Pre-existing Conditions" and "Portability" below for more details.)

1680 Route 23 North, Suite 310, Wayne, NJ  07470