Do You Have Any “Variable Hour” Employees? Here’s Why It May Matter

Do You Have Any “Variable Hour” Employees? Here’s Why It May Matter

The Affordable Care Act (ACA) requires employers with at least 50 full-time employees to provide certain health plan coverage to their full-time employees, or face penalties. The ACA defines a full-time employee as one who is regularly scheduled to work 30 hours per week or more. Employers, therefore, must accurately count the total number of full-time employees, and, if the number exceeds 50, determine which of its workers qualify for coverage.

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Most employers either clearly exceed the threshold (e.g., those with hundreds of employees) or are obviously beneath it (e.g., those with only 10 employees). Some, however, may be hovering right around 50 full-time employees, and it is important for them to accurately tally up the numbers. The count to 50 includes those who make up the company’s “control group,” “full-time equivalent” employees (which includes some part-time employees), and full-time employees who are regularly scheduled to work 30 hours per week or more. Typically, it’s easy to identify employees who are regularly scheduled to work 30 hours per week or more, but some employees, called “variable hour” employees, may have irregular schedules fluctuating above and below 30 hours per week.

So how can an employer determine if a variable hour employee should be considered full-time? Employers have two options for making this determination: the monthly measurement method and the look-back measurement method.

The monthly measurement method is a month-to-month analysis. Full-time employees are those who work an average of 30 hours per week (or 130 hours per month) within the month under consideration. Though this method is more straightforward in application, it lacks flexibility for employers who have many variable hour employees whose statuses aren’t easily captured in a 30-day snapshot.

A more common approach is the look-back measurement method, which allows an employer to implement a broader timeline for evaluating an employee’s status in advance of a coverage period. A variable hour employee is not covered by the health plan during the measurement period.

For more information on these methodologies, click here to read the original article Laura A. Elkayam of Ally Law member Much.

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