PPACA effective dates
nerhart
1 Post
In the last issue of "Federal Employment Law Insider" it states that employers of 50 or more employees must treat those who work only 30 hours per week as "full-time". When does this become effective?
Comments
The Fair Labor Standards Act (FLSA)-Department of Labor-does not define full-time employment or part-time employment. This is a matter is to be determined by the employer---however with penalties being applied for “full time EE’s” as defined by PPACA in regards to the exchange, large companies will change their hours to 30:
PPACA defined “Full-Time Employee” in order to write the rules for the exchange. This definition in regards to this ruling will be in effect 1/1/2014 as it stands now:
PPACA does not explicitly mandate an employer to offer employees acceptable health insurance. However, certain employers with at least 50 full-time equivalent employees will face penalties, beginning in 2014, if one or more of their full-time employees obtains a premium credit through an exchange. An individual may be eligible for a premium credit either because the employer does not offer coverage or the employer offers coverage that is either not “affordable” or does not provide “minimum value.”
Only a large employer may be subject to penalties regarding employer-sponsored health insurance. A “large employer” is an employer with more than 50 full-time equivalent employees during the preceding calendar year. In order to determine whether an employer is a “large employer,” both full-time and part-time employees are included in the calculation. “Full-time employees” are those working 30 or more hours per week. The number of full-time employees excludes those full-time seasonal employees who work for less than 120 days during the year.4 The hours worked by part-time employees (i.e., those working less than 30 hours per week) are included in the calculation of a large employer, on a monthly basis, by taking their total number of monthly hours worked divided by 120.
Hope this was of some help.
Dutch2
I took the last sentence to mean - for example if you have 6 p-t ee's working a total of 144 hrs a week, 144 X 4 wks = 576 total hours. 576 divided by 120 (or 30hrs a wk for 4 wks) = 4.8 FTE's to be used in the calcualtion of having 50 FTE employees to be consdiered a large employer. (made sense when I first did it)
The government is regulating most everything else for employers. Now they will decide what constitues full-time and part-time.
This is just too much. . makes you wonder what is next