Q: Is an employer required to offer health plan coverage to an employee’s domestic partner?
A: Employers are not required by federal law to offer health plan coverage to an employee’s domestic partner who is not a dependent. Under the Affordable Care Act (ACA), applicable large employers (50 or more employees) employers are only obligated to provide affordable, minimum essential to full-time employees and their dependent children under the age of 26. The ACA does not define "dependents" to include spouses or domestic partners.
However, some states and local jurisdictions may have specific laws or regulations that require employers to offer health benefits to domestic partners, particularly if they offer benefits to spouses. Additionally, certain collective bargaining agreements or company policies may mandate such coverage. Employers operating in multiple jurisdictions should review applicable state and local laws to ensure compliance.
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