ComplyDIY · BenefitLab

At-a-Glance What this is, who it affects, when it's due, and the risk.−

What A short notice to employees about the Health Insurance Marketplace, potential subsidy eligibility, and how employer coverage affects that eligibility.

Who Employers subject to the FLSA (virtually all private employers). Provide to all new hires: full-time, part-time, and those not eligible for your plan.

When Within 14 days of each new hire's start date. Best practice: include in your standard onboarding packet.

Risk No specific ACA penalty for missing this notice. It is still a basic compliance expectation under the ACA and good employee communication practice.

Deadlines & Frequency Use this timing table to ensure every new hire gets the notice on time.+

14

New hire

Within 14 days of start date; include in the onboarding packet, paper or electronic.

OE

Annual (optional)

Not required annually, but including it with OE materials is a reasonable best practice.

Trigger	Due Date	Notes
New hire	Within 14 days of start date	Include in onboarding packet; paper or electronic delivery both allowed.
Annual open enrollment (optional)	With OE packet (optional)	Not required annually, but including it is a reasonable best practice.

Trigger: New hire

Due: Within 14 days of start date

Notes: Include in onboarding packet; paper or electronic both allowed.

Trigger: Annual open enrollment (optional)

Due: With OE packet (optional)

Notes: Not required annually, but a reasonable best practice.

What You Need: Docs & Data Gather these once, then every onboarding packet is ready to go.+

DOL model notice (choose one): Employers who offer a plan (Part A + Part B + optional Employer Coverage Tool), or Employers who do not offer a plan (shorter version). See the green section below for direct download links.
Employer information (Part B, required): Your employer name, EIN, address, and contact name, phone, and email. Fill these in once and reuse for every new hire.
Optional Employer Coverage Tool: Questions covering eligibility timing, minimum value, and lowest-cost employee-only premium. Helps employees complete Marketplace applications; not required.
Language versions: English plus any translations your workforce needs. Spanish, Haitian Creole, Korean, and others are available from the DOL.

How To Do It: Step-by-Step Set up your template once; after that it takes minutes.+

1

Pick the correct modelUse the "employers who offer a plan" version if you offer any health coverage. Use the "do not offer" version only if you have no plan at all.

2

Fill in Part B (required)Enter your employer name, EIN, address, and contact information. Check the appropriate coverage lines.

3

(Optional) Complete the Employer Coverage ToolFill in eligibility timing, minimum value status, and lowest-cost employee-only premium if you want to help employees compare your plan to Marketplace options.

4

Add to your onboarding packetInclude the completed notice with your standard new-hire paperwork. Paper or electronic delivery are both acceptable.

5

Keep a copySave the version you're using and a record that it was delivered on time.

Delivery Rules These rules keep your process simple and compliant.+

Method: First-class mail or electronic delivery. Electronic is permissible if you meet the ERISA electronic disclosure safe harbor standards (see DOL Technical Release 2013-02).
Audience: All new hires: full-time, part-time, and employees not eligible for your health plan.
Format: Use the current DOL model notice. Do not modify the substantive content in Part A.

Proof & Recordkeeping If it isn't documented, it didn't happen.+

Completed templateYour model notice with Part B filled in; keep a copy of each version you use over time.
Delivery logAn onboarding checklist or HRIS log showing the notice was delivered within 14 days of each hire's start date.
TranslationsCopies of any translated versions distributed.
E-delivery proofProof of electronic delivery, if applicable.

Common Traps & FAQs Quick answers and pitfalls we see most often.+

Common traps

Handing out only Part A: Without completing the required employer fields in Part B, the notice is incomplete.

Using the wrong model version: "Offer a plan" and "do not offer a plan" are different forms with different content.

Skipping part-time or waived employees: Every new hire gets the notice, regardless of plan eligibility.

FAQs

Is the Employer Coverage Tool required?
No. It's optional but helpful; it gives employees the information they need to complete a Marketplace application and compare your plan to available subsidies.

Is there a penalty for missing the notice?
There is no specific fine under the ACA for failing to provide it. It is still a basic compliance expectation, and providing inaccurate information could create employee relations issues.

Do we have to send it every year?
No annual requirement. Provide it to each new hire within 14 days of their start date. Many employers include it in open enrollment packets as a best practice, but this is not required.

Official Guidance & Links Model notices and the technical guidance on timing and delivery.+

Notice to Employees of Coverage Options (DOL/EBSA). The main DOL landing page with all model notice versions in English, Spanish, Haitian Creole, Korean, and other languages.
Model Notice, Employers Who Offer a Health Plan (PDF). Includes Part A, Part B, and the optional Employer Coverage Tool. Fill in Part B before distributing.
Model Notice, Employers Who Do Not Offer a Health Plan (PDF). Shorter version for employers with no group health plan.
Notice of Coverage Options FAQs (DOL). DOL answers on the no-penalty rule, who must provide the notice, and electronic delivery.
Technical Release 2013-02 (DOL). Governing guidance on the 14-day rule and permissible delivery methods.

Special Cases & State Variations Federal rules apply nationwide; a few situations are worth knowing.+

Employers who do not offer a health plan: Use the shorter "do not offer" version of the model notice. The content differs meaningfully from the standard version; confirm you're using the right one.
Employees not eligible for your plan: They still receive the notice. Part-time employees, workers in a waiting period, and those who waive coverage all get the notice within 14 days of their start date.
Multilingual workforces: The DOL provides translations in Spanish, Haitian Creole, Korean, and other languages. Distribute the versions appropriate for your workforce.
Multi-state employers: The federal model works nationwide; no state-specific version is required.

Model Notices: Download & Complete Download the correct version, fill in Part B, and add it to onboarding.+

Download the correct version below, fill in your employer information in Part B, and add it to your onboarding packet. Set it up once, then it's ready for every new hire.

If you offer a health plan

Use this version if you offer any group health coverage. Fill in your employer name, EIN, address, and contact information in Part B. The Employer Coverage Tool is optional; include it if you want to help employees compare your plan to Marketplace options.

Download: Model Notice for Employers Who Offer a Health Plan (PDF)

If you do not offer a health plan

Use this shorter version if your company offers no group health coverage. Fill in your contact information and distribute to all new hires within 14 days of their start date.

Download: Model Notice for Employers Who Do Not Offer a Health Plan (PDF)

Need a translation?

The DOL provides both versions in Spanish, Haitian Creole, Korean, and additional languages. Visit the DOL coverage options notice page to download translated versions.