Good Afternoon Everyone,

Thank you for your patience as we continue to assess the potential impact of the Affordable Care Act on wage employment.

I bring to your attention §4-7.01- MANPOWER CONTROL PROGRAM, of the General Provisions of the 2013 Budget Bill which proposes that:

g. In accordance with the Affordable Care Act, all state employees in all branches of government who work 30 hours or more per week on average per month are considered to be, for health benefits purposes only, full-time employees eligible to participate in the health benefits plan for state employees with the standard contribution.  Wage employees in the legislative, judicial, executive, and independent branches of government may not work more than 29 hours per week on average per month.  Since the federal regulations are currently under development, the Department of Human Resource Management (DHRM) shall provide program requirements to agencies and employees, including information on wage, variable and seasonal employees, prior to the effective date of the law.  To comply with federal law, all state agencies in all branches of government shall provide information requested by DHRM concerning wage employees and hours worked by employees.  Agencies are accountable for compliance with this provision, and are responsible for any costs associated with any violations.

http://lis.virginia.gov/cgi-bin/legp604.exe?131+bud+14-7.01+pdf

DHRM advises that all agencies adopt a prudent staffing approach and implement the proposed restrictions now.  The determination of which wage employees meet the definition of “full-time” will be based on an administrative measurement “look-back period” which we presume began January 1, 2013.  

We continue to assess regulations and work with the Governor’s Office and the Office of the Attorney General.  More detailed guidance will be provided as soon as possible.  Thank you! 

Rue