Are employers required to provide medical insurance to employees working overseas?

Employers in New York are not required to provide medical insurance to employees who are working overseas. However, there are certain laws in place that could require employers to provide some form of health insurance to employees working outside of the United States. For example, the Affordable Care Act (ACA) requires employers with 50 or more full-time employees to provide health insurance. The ACA’s employer shared responsibility provisions apply to employers with employees working overseas so long as the employer is based in the United States. Another law is the Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees within 75 miles of each other. The FMLA entitles employees to take unpaid, job-protected leave for certain reasons, such as personal medical care. If an employee is based in the United States and works overseas, they would still be entitled to the FMLA coverage. Lastly, some employers may voluntarily choose to provide health care coverage to their overseas workers. State laws in New York may apply and determine whether employers must provide health insurance. However, in general, most employers are not required to provide medical insurance to employees working overseas.

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