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FAQs
Work Hours Limitation for Wage Employees
This document presents a collective list of questions from stakeholders, some of which have may
have provisional responses based on our current understanding of the Affordable Care Act. This
document will be updated as additional questions arise, regulations stabilize, and policy impacts
are better understood. Note – This FAQ document does not apply to state teaching hospitals
that have their own health insurance plan.
2013 Amendment t to the Manpower Control Program
§4-7.01- MANPOWER CONTROL PROGRAM, of the General Provisions of the 2013 Budget
Bill was amended as follows:
"g. State employees in the legislative, judicial, and executive branches of government, the
independent agencies of the Commonwealth, or an agency administering their own health plan,
who are not eligible for benefits under the health care plan established and administered by the
Department of Human Resource Management ("DHRM") pursuant to Va. Code § 2.2-2818, may
not work more than 29 hours per week on average over a twelve month period. Adjunct faculty
at institutions of higher education may not (a) work more than 29 hours per week on average
over a twelve month period, including classroom or other instructional time plus additional
hours determined by the institution as necessary to perform the adjunct faculty's duties; or (b)
meet or exceed, on average over a twelve month period, 75% of the course load for a full-time
non-tenure-track teaching faculty member at that institution. Federal regulations under the
Affordable Care Act ("the Act") are currently under development, and DHRM shall provide
relevant program requirements to agencies and employees, including, but not limited to,
information on wage, variable and seasonal employees, prior to the effective date of the Act and
any associated regulations. All state agencies/employers in all branches of government shall
provide information requested by DHRM concerning hours worked by employees as needed to
comply with the Act and this provision. State agencies/employers are accountable for
compliance with this provision, and are responsible for any costs associated with maintaining
compliance with it and for any costs or penalties associated with any violations of the Act or
regulations thereunder and any such costs shall be borne by the agency from existing
appropriations. The provisions of this paragraph shall not apply to employees of state teaching
hospitals that have their own health insurance plan; however, the state teaching hospitals are
accountable for compliance with, and are responsible for any costs associated with maintaining
compliance with the Act and for any costs or penalties associated with any violations of the Act
or regulations thereunder and any such costs shall be borne by the agency from existing
appropriations."
What does this Amendment mean for state agencies?
• This amendment is in response to the requirements of the Affordable Care Act. It
restricts the number of hours that employees who are not eligible for benefits under the