Can my employer deny me health care plan access as a consultant?

Full question:

Can my employer deny me the option to join their health care plan? Employer, who has more than 25 employees, considers me a consultant but I suspect that legally I am an employee. They won't allow me to join their health care plan for 5 more months (totaling 6). I do not set my work rules or my hours, I do not supply my own materials or supplies or location, I do not have a contract, I signed a W-4, and I am paid by the hour.

• Category: Employment
• Date: 04/07/2025
• State: National

Answer:

I cannot provide a legal opinion, but the classification of your work relationship is determined on a case-by-case basis. Generally, if your employer has significant control over your work, you may be classified as an employee rather than a consultant.

Key factors include:

• Whether there is a written contract defining your relationship.
• If the employer provides employee benefits like health insurance, retirement plans, or paid time off.
• The importance of your role to the business.
• The stability and duration of your relationship with the employer.

Under Title I of the Americans with Disabilities Act, employers with at least 25 employees must offer the same health insurance options to all employees, regardless of disability status. However, employers can set waiting periods for newly hired employees before they can access benefits.