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Businesses are rethinking traditional approaches to employee benefits, including whether to extend those benefits to temporary employees. While it's common practice to reserve comprehensive employee benefits packages for full-time, permanent staff, offering benefits to temporary employees can yield significant advantages, particularly when it comes to attracting talent, boosting productivity, and promoting a positive company culture.
Offering benefits to temporary employees may initially seem unnecessary, especially if they're only with your company for a short period. However, there are several compelling reasons to consider extending benefits to this segment of your workforce:
When deciding whether to offer benefits to temporary employees, it's important to understand the legal requirements surrounding benefits eligibility. According to the IRS, a temporary full-time employee is someone who works at least 30 hours per week or 130 hours per month and is hired for a position lasting less than 12 months. If these employees meet the 30-hour-per-week threshold, they are typically eligible for the same benefits as regular full-time employees.
However, eligibility isn’t just about hours worked. Factors like the size of your organization, whether the employee is paid or unpaid, and whether they are classified as variable-hour or seasonal workers also impact whether you're required to offer benefits. For example, under the Affordable Care Act (ACA), applicable large employers (ALEs)—those with 50 or more full-time employees—are required to offer benefits to all classes of full-time employees, including temporary ones. Failing to do so can result in significant penalties. If you don’t offer minimum essential coverage to 95% of your full-time employees, the penalty is $2,500 annually for every employee. If you meet the 95% threshold but still fail to cover certain eligible employees, the penalty increases to $3,750 per employee.
Employers with fewer than 50 full-time employees may not be subject to these federal penalties but could still face state and local regulations that require offering benefits to temporary employees. It's essential to remain in compliance with all applicable laws, which can vary based on location and employee classification. Speak with one of KBI’s compliance experts today for personalized assistance.
The process of determining benefits eligibility is complex, particularly when dealing with temporary, variable-hour, and seasonal employees. The IRS generally prevents exemptions for penalties unless specific criteria are met, which means employers must be diligent in tracking hours and understanding the various classifications of their workforce.
One common approach for businesses is to use a look-back measurement period—such as six or 12 months—to calculate the average weekly hours worked by temporary employees. This allows employers to assign a status to these employees based on actual work patterns, rather than projected hours. Once a status is assigned, it can be locked in for a subsequent stability period, during which the employee's benefits eligibility remains unchanged, even if their hours fluctuate.
Given these complexities, many business leaders choose to work with benefits brokers, legal counsel, and benefits administrators. These experts can help navigate the intricacies of employee classification and ensure compliance with federal, state, and local regulations. By partnering with professionals, businesses can avoid costly penalties and ensure that all employees, including temporary ones, are categorized correctly for benefits eligibility.
Determining which temporary employees should receive benefits requires careful consideration of legal requirements and your company’s goals. A well-structured employee benefits package, even for temporary staff, can improve productivity, foster loyalty, and create positive word-of-mouth about your organization. But categorizing employees can be a complex process, particularly when dealing with regulations that vary by jurisdiction and employee classification.
Working with an experienced benefits broker can simplify this process. They can help ensure that your company remains in compliance with all applicable laws while crafting benefits packages that meet the needs of both your temporary and permanent employees. If you’re unsure about how to proceed or need assistance in defining your employee categories and benefits eligibility, contacting a broker can be the first step toward ensuring your business is on the right track. Speak with a KBI Benefits agent today to get started.