Determining Full-Time Employees Under the Affordable Care Act

This week, we’ve been talking primarily about how to properly calculate the amount of full-time equivalent employees (FTEs) you have working for you and their total number of hours worked as well as average annual wages as directed by the IRS. But as you begin looking at your employees, you may find yourself asking if there are certain workers that you should consider in your totals. So today we’re going to take a look at whether or not certain employees should be included in your total full-time employee count.

Seasonal Workers
When calculating your employees’ hours, seasonal workers generally will not factor into your total FTE count or average annual wage. Seasonal workers only perform labor or provide services on a seasonal basis, like retail workers who’re employed exclusively during holiday seasons. According to the IRS, it’s up to you to determine by a “reasonable, good faith interpretation of the term ‘seasonal worker’” who your seasonal workers are. Just keep in mind that if your seasonal worker provides services for more than 120 days during the year, they will need to be included in your total count.

Part-time Employees
Unlike seasonal workers, part-time employees are included in your total FTE count and average annual wage for the tax year. So include them when you’re tallying up your employees’ hours to determine how many FTEs you employ.

Leased Employees
Leased employees, like temps, are those employees you have who aren’t employees of your company but are providing services for your company through an agreement you’ve made with the organization who leases their services. When you calculate your FTE total and average annual salary, you will need to include your leased employees.

E-filing with ExpressIRSForms
Be sure to hurry and submit your ACA return with ExpressIRSForms as soon as possible - the deadline is tomorrow, June 30! If you have any questions or need assistance with your filing, you can contact our expert support team by live chat or phone (704-684-4751) Monday through Friday, 9:00 a.m. to 6:00 p.m. ET or send us an email anytime to support@ExpressIRSForms.com.

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Measurement Methods for Identifying Full-time Employees for ACA Purposes

One of the most important parts in ACA compliance is identifying which full-time employees to whom you’re required to make offers of health care coverage. First things first, however, you’ll need to determine if you’re an Applicable Large Employer (ALE). In other words, determine if you have 50 or more full-time employees. And keep in mind that the IRS considers 30+ hours a week (or 130 or more hours/month) to be full-time.

There are two methods for determining full-time employee status:

• The monthly measurement method
• The employer looks at each month the employee has worked individually to see which ones exceeded 130 hours of service
• The look-back measurement method
• The employee goes through a standard measurement period, where they work their usual hours as determined by the employee and employer upon hire.
• Then, the employer determines the employee’s full-time status based on the measurement period, during what is known as a stability period.
• Employers may not use the look-back method when determining ALE status, only for an individual employee’s full-time status.

When determining an employee’s status, an hour of service is considered to be each hour the employee is paid (or should be paid) for performing his/her duties as set by the employer, including the hours the employee is entitled to payment during which no duties are performed (like vacation pay, holiday pay, sick leave, disability, layoff period, jury duty, military duty, or leave of absence). For the purpose of the employer shared responsibility provisions, this does not include these hours of service/employees:

• Volunteer employees
• Students performing work-study
• Members of religious orders
• Compensation that isn’t US source income

You can find more information about totalling hours of employees in more nuanced categories, like adjunct faculty, those who work layover hours (like airline industry employees), and on-call employees, here.

If you have any questions regarding your ACA filing, you can give us a call at the ExpressIRSForms headquarters in Rock Hill, SC. We’re available by phone Monday-Friday, 9:00 a.m. to 6:00 p.m. EDT at (704) 684-4751, and we also offer 24/7 email assistance at support@ExpressIRSForms.com.




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