DEAR CARRIE: My husband works as a substitute teacher in a Long Island school district. He is currently covering for a teacher who is out on leave. He started as a sub the second week in September and will work up until the second week in June. He works five full days a week. How is it legal to not offer him health benefits?
Normally he covers for teachers who are out for the day, but recently he was put in as a leave placement. He is doing grades and creating lesson plans. But he isn't getting any pay increases or benefits. I've heard that some districts limit subs to four days a week to avoid paying them benefits, or they hire them from October to May. My husband, on the other hand, will work every day all year, and yet, there are no health benefits or pay increases for him. I don't understand how this is legal. He asked to see his contract and was told that substitutes don't have a contract. How are schools getting away with this? How is it not against the Affordable Care Act to have him working 30 hours-plus with no benefits? _ Concerned Wife
DEAR CONCERNED: Those circumstances are indeed puzzling, since he is working full time. As you correctly point out, some employers limit employees to part-time status to avoid having to offer benefits because of the Affordable Care Act mandates. But when the worker is full time, that is another matter. I turned to an employment lawyer for answers.
