Michigan Coverage for Interns under the Affordable Care Act

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Interns can be terrific additions to a nonprofit's capacity building journey, but it's important to clarify whether they are unpaid volunteers or paid employees. Companies should make sure they comply with U.S. Department of Labor requirements so that unpaid interns cannot claim entitlement to wages or make other claims against the employer. Companies should also be aware whether or not these employees are covered under the Affordable Care Act.

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FAQ

If the primary beneficiary is the employer, who hires an intern with the expectation of getting free labor, then the internship must be paid. A recent report published by online lender CashNetUSA found that 11.2% of all internships in Michigan are unpaid, the 18th largest share among states.

Generally, paid interns are considered to be employees and are covered by a workers' comp policy. If the intern is unpaid, it can be harder to determine. An intern might be eligible for workers' compensation coverage if they are unpaid but their duties and schedule are directly controlled by you as the employer.

Most interns are considered employees in the eyes of the law, which means you must comply with wage and hour laws, including paying them at least minimum wage.

There are no laws specifically requiring a company to provide vacation time to interns. If an employer offers paid time off under a handbook, written, or unwritten policy, the employer should specifically explain how interns will be treated in that policy.

A set of 10 categories of services health insurance plans must cover under the Affordable Care Act. These include doctors' services, inpatient and outpatient hospital care, prescription drug coverage, pregnancy and childbirth, mental health services, and more. Some plans cover more services.

Do interns and part-time employees qualify for a 401(k)? Interns and part-time employees are allowed to participate in a 401(k) program if they meet plan eligibility requirements.

Interns may be considered covered employees Paid interns working more than 30 hours per week may be considered eligible employees who should receive health coverage insurance. Exceptions may include: Interns employed by a company for fewer than 120 days.

Generally, college students who become interns are not full-time employees and don't receive the same benefits as their full-time counterparts. However, a paid intern may be considered full-time under Department of Labor and Internal Revenue Service rules, making them eligible for certain benefits.

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Michigan Coverage for Interns under the Affordable Care Act