Determine your ALE status, check affordability requirements, and estimate potential penalties under the Affordable Care Act
FTE Calculation: Full-time employees (30+ hrs/week) count as 1 FTE each. Part-time employee FTEs are calculated by dividing total monthly part-time hours by 120. Formula: FTEs = Full-Time Count + (Part-Time Count x Avg Weekly Hours x 4.33) / 120.
ALE Determination: An employer is an ALE if it had an average of 50+ FTEs during the prior calendar year. The seasonal worker exception applies if you exceed 50 FTEs for 120 days or fewer and the excess is from seasonal workers.
Affordability Test: Using the W-2 Box 1 safe harbor method, employee self-only coverage is affordable if the required monthly contribution does not exceed 9.02% of the employee's W-2 Box 1 wages divided by 12. The 9.02% threshold is indexed annually (IRS Notice 2024-35 / Rev. Proc. 2024-35).
Minimum Value: A plan provides minimum value if it covers at least 60% of the total allowed cost of benefits expected to be incurred. Verified using the HHS MV Calculator or plan design safe harbors.
Penalty A — 4980H(a): $2,970 per year per full-time employee (minus the first 30) if the employer fails to offer MEC to at least 95% of full-time employees. Triggered only when at least one full-time employee receives a premium tax credit.
Penalty B — 4980H(b): $4,460 per year for each full-time employee who receives a premium tax credit because the coverage offered was not affordable or did not meet minimum value. Capped at the Penalty A amount.
Sources: ACA Section 4980H, IRS Notice 2024-35, IRS Rev. Proc. 2024-35, IRS Final Regulations (79 FR 8544), DOL ACA FAQ, HHS MV Calculator methodology.
A benefits advisor can review your specific situation and help you avoid costly ACA penalties.