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the 50 FTE rule + the affordability test

ACA Employer Mandate

50

FTE Threshold

Applicable Large Employer

8.39%

Affordability

2024 indexed (verify current)

95%

Coverage Std

Of full-time + dependents

drive through every gate or pay the penalty

The ACA Tollbooth

Employers with 50+ FTE enter the highway. Three gates ahead. Stop at any gate without the right ticket — Penalty A or B applies.

entry50FTE+gate 195%coverageFT + dependentsfail = Penalty A~$2,970/FT employee/yrgate 28.39%affordablelow self-only ÷ incomefail = Penalty B~$4,460/affected/yrgate 360%min valuecovers avg costsfail = Penalty B+ filing formsexitsatisfiedfile 1094/95-CALEthe ACA highway · pass three gates or pay

how to read this

  • › The 50 FTE entry sign determines if your car is on the highway at all. Below that, no mandate.
  • Gate 1 fails → Penalty A (covers all full-time employees, not just affected).
  • Gate 2 or 3 fails → Penalty B (only the employees who got premium tax credits).
  • › Pass all three → file Forms 1094-C and 1095-C as proof of safe passage.

how the FTE count actually works

FTE Math, Worked

The 50 in "50 FTE" is full-time-EQUIVALENT, not full-time bodies. Part-time hours aggregate.

full-time

30

30+ hrs/wk · count as 1 each

= 30 FTE

part-time pool

24 × 60

PT employees · monthly hrs

÷ 120 = 12 FTE

total

42

FTE total this month

not yet ALE (under 50)

Exam Traps

50 is full-time EQUIVALENT, not full-time

Part-time hours aggregate. Two 20-hr employees = roughly one FTE for threshold purposes. Many companies miss the trigger by counting only full-timers.

Penalty A and Penalty B are alternatives

They cannot apply at the same time to the same employee. The exam tests scenarios that lead to one or the other.

Spouses are NOT in the mandate

Coverage offered to employees and dependents (children) only. Spouse coverage is not required for mandate compliance.

Affordability uses LOWEST self-only cost

Calculated against the employees lowest available self-only premium, not the family rate. The exam tests the comparator.

Spouses out of scope

Mandate covers employees + dependents (children). Spouse coverage not required.

Three gates, two penalties

Coverage 95%. Affordable. Minimum value. Pass all three to satisfy the mandate.

1
Are you on the highway?

Employers with 50+ FTE drive through the tollbooth. Smaller orgs are exempt.

2
Gate 1 — coverage offered

Did you offer essential coverage to 95% of full-timers (and their kids)? If not, Penalty A.

3
Gate 2 — affordable

Was the lowest-cost self-only coverage under the indexed percent of household income? If not, Penalty B.

4
Gate 3 — minimum value

Did the plan cover at least 60% of average medical costs? If not, Penalty B.

5
Pass all three

Mandate satisfied for that month. Forms 1094-C and 1095-C document the proof.

Three gates. Two penalties. One 50-FTE entry ramp.
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Reviewed by Sarah L., PrepSolution Content Editor, HR
Sources verified against HRCI 2026 standards
Updated May 2026