It is also possible that an employee who moves to another state due to the availability of remote work could lose their access to health care in the new state of residence, depending upon the terms of the health insurance plan in question. Employers may be required to establish multiple health plan options for employees in specific locations or select an insurance carrier with more widespread national coverage.
As an alternative, employers may wish to consider offering individual coverage health reimbursement arrangements (ICHRAs, see Q ), which allow an employer to reimburse employees for individual health insurance premiums via the HRA structure on a tax-preferred basis.
Employers should also consider the impact of state and local leave laws where the employee performs work. Those laws may require the employer to offer paid time off based on requirements that differ from the employer’s primary business location. Note that the applicability of those laws are based on where the employee lives.1
1. See, e.g., New York’s state-level paid sick leave law, which applies to employers with five or more employees: https://www.ny.gov/programs/new-york-paid-sick-leave (last accessed Sept. 30, 2024).