Compliant Ways to Help EE's Get Subsidy-change PT Definition?

yorkriver1

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Virginia
Simple question: I have been told that small (under 50) employers could define their own version of full time, as long as over 30 hours/week.
For example, employer says: full time is 40 hours a week. Then, like magic, some people are now working, say, 39.9 hours per week, or some variation.
Then, of course, salary vs. hourly...what to do. This is for purposes of allowing some employees to have a status change that would allow them to be exchange (Marketplace) eligible, while still keeping a group plan in place.
If an employer is not prone to hire workers in the 30-35 or so hour a week category who they would want to have benefits, this could work, if it's compliant.
 
If I was working 38-39.9 hours and not getting benefits. I wouldn't think very highly of my boss, and thus not work very hard for him. Unless it can be shown that the exchange is definitely the best place for me (the employee).
 
Would your suggestions be compliant? I have two groups in CA that have EE's that would be better served going through the exchange. One family the husband is covered but they cannot afford dependent coverage for Mom and three children.
 
The ceiling though is 30 hours now, does not matter what the definition is by the employer, what matters is what the Fed Govt says...
 
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