By Robert Falke, Benefits Consultant
Sometimes, it’s just not that easy to determine how many employees you have. And in today’s world, it’s more important than ever for you know how to do it correctly. So get your calculator out and listen up. Particularly if you hire lots of part-time and/or seasonal employees. Here’s a summary of what you should know.
Large vs. Small
The new rules of healthcare kicking into gear in the coming
year are quite different for “large” companies vs. “small” companies. And fifty is the magic number. Large companies are companies who, on average,
employ 50 or more full-time employees plus full-time equivalents from the
proceeding calendar year. Small
companies are everyone else.
Why Does it Matter?
The “pay or play” provisions of the ACA will apply if you are
a large employer. As a large employer,
your employee’s medical program will need to pass the Essential Benefit and
Affordability rules. It also comes into
play if you decide to abandon your employee medical program and send your
employees to the newly established state/federal exchanges (expected to be
available in late 2013). If your plan
does not pass the first scenario, penalties may apply. If you elect to not offer coverage, penalties
will apply. So it’s important to know if
you’re “big” or “little.”
Do the Math
The term “FT employees” in the tax code
(Notice 2011-36) means the sum of your full-time employees and full-time equivalents. Full-time employees are employees
who work on average 30 hours a week or more. That part is relatively straightforward. The catch is in the full-time equivalents (FTE).
To determine your FTE:
(1) Calculate the
aggregate number of hours of service (but not more than 120 hours of service
for any employee) for all employees who were not full-time employees for that
month.
(2) Divide the total hours of service in step
(1) by 120. This is the number of FTEs for the calendar month.
For example, you may have only 35 employees (working
full-time, or more than 30 hours a week). However, you have dozens of part-time
and seasonal help whose total hours in
the proceeding year add up to 17 FTEs.
So now you are classified as a “large” company and must comply with the
pay or play healthcare mandates.
New Notice Provides Safe Harbor
In
early September, the IRS released new guidelines to help employees determine
the full-time employment status of their employees. The new, look-back/stability period safe harbor method
allows an employer to determine each employee’s full-time status by looking back
at a defined period of not less than three but not more than 12 consecutive
calendar months, to determine whether the employee averaged at least 30 hours
of service per week. If the employee were determined to be a full-time employee
during this period, then the employee would be treated as a full-time employee
during a subsequent “stability period,” regardless of the employee’s number of
hours of service during the stability period.
Additional
details and nuances are
provided at
If you’re one of those
companies who are not quite sure where you fall – or need help in accurately
calculating the size of your workforce, contact your benefits advisor.
Getting a handle on these issues now will help you prepare for the new
future of healthcare.
For
more information found in the Internal Revenue Bulletin: 2011-21, click here (http://www.irs.gov/irb/2011-21_IRB/ar07.html#d0e145.