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As companies grow and hire more employees, additional compliance burdens often accompany that growth. For example, many employers fear the dreaded 50 employee threshold - for good reason! 50 employees is the magic number that triggers an additional compliance burden for employers. When that 50 employee threshold is reached, employers need to address compliance issues that were previously unimportant to the organization even if they were already largely in compliance. For example, many small employers offer sick leave for employees, but maybe not for family member illness. In addition, they may not be documenting their policy and usage to maintain full compliance with the Family Medical Leave Act (FMLA). Employers have to take positive steps to ensure they are in compliance when company growth occurs.
Some of the many areas affected are:
ACA Compliance is the most burdensome of the 50+ compliance burdens placed on employers. Fortunately, there are some exceptions to which employees count toward the 50 employee threshold. These exceptions include:
Employees expected to work in excess of 30 hours per week are included in the count. Employees working less than the 30 hour per week threshold only count in part towards a “full-time equivalent.” It's important to remember that ACA compliance is based on calendar year reporting requirements. Thus, if you have a non-calendar year health insurance plan, company growth may impact your health offerings in the middle of your plan year, should you become an ALE.
Information is aggregated on a monthly basis and averaged from the prior year to determine the upcoming year’s compliance requirements under the ACA. For these reasons, determining whether you are subject to ACA compliance requirements is not simple math, especially when your organization is on the verge of becoming an ALE. Click here for more help on performing your ALE (Applicable Large Employer) determination. We have additional educational resources available for you as well.
Integrity Data is your partner in ACA compliance with solutions and services like an ACA management tool to help you perform your own ACA compliance activities, or throwing it all over to us. Want a free ACA consultation? Click here to get started.
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