Seasonal businesses, defined by their irregular employment patterns, face distinct challenges when it comes to compliance with the Affordable Care Act (ACA). Understanding the nuanced regulations and exemptions that apply to these businesses is crucial for maintaining both legal compliance and financial stability. In this article, we delve into the special considerations and exemptions designed for seasonal businesses navigating the ACA landscape. 

Learn how Asure’s ACA Filing services offer compliance peace of mind while freeing you to focus on growth. 

The Nature of Seasonal Businesses 

Seasonal businesses are characterized by their fluctuating employment needs, with peak activity during specific times of the year. These enterprises often include, but are not limited to, ski resorts, summer camps, holiday retailers, and agricultural operations. For such businesses, it’s essential to have a clear understanding of how the ACA accommodates their unique workforce dynamics. 

ACA Exemptions for Seasonal Businesses 

One of the key exemptions within the ACA pertains to businesses that employ seasonal workers. These exemptions recognize the short-term and intermittent nature of employment in seasonal industries.  

Here are some important considerations for seasonal businesses: 

Seasonal Worker Exception 

The ACA contains provisions that help employers determine whether they qualify as applicable large employers (those with 50 or more full-time employees). Specifically, businesses may not be considered applicable to large employers if they employ more than 50 full-time employees for only 120 days or fewer during the calendar year. This provision acknowledges the cyclical nature of seasonal employment and provides relief to businesses that genuinely operate seasonally. 

Measurement Period Flexibility 

The ACA allows employers to choose a measurement period of between three and 12 months for determining the status of variable-hour employees. This flexibility is beneficial for seasonal businesses, as it allows for more tailored tracking of employees’ hours and simplifies the calculation process. 

Affordability Safe Harbor Rules 

For seasonal employees who may experience fluctuations in their income due to intermittent work, employers can apply the affordability safe harbor rules to determine whether the health coverage offered is considered affordable. This provides some leeway for accommodating the varying income levels of seasonal employees. 

Best Practices for Seasonal Businesses 

To ensure ACA compliance for seasonal businesses, consider these best practices: 

Recordkeeping: Maintain detailed records of employee hours, seasonal periods, and changes in employment status. This data is crucial for accurate reporting and compliance. 

Consult Legal Experts: Seeking legal advice specific to ACA compliance for seasonal businesses is advisable. Legal experts can help navigate complex regulations and ensure you are meeting your obligations under the law. 

Offering Health Coverage: Even if you qualify for exemptions, consider offering health coverage to seasonal workers. Doing so can be a valuable employee benefit and a competitive advantage in attracting and retaining talent. 

Educate Your Workforce: Ensure that both seasonal and year-round employees understand their rights and benefits regarding health coverage and compliance with the ACA. 

Plan for Changes: As your seasonal business evolves and grows, your compliance requirements may change. Be prepared to adapt to new regulations as your employment patterns shift. 


Seasonal businesses face unique challenges when it comes to ACA compliance. The ACA recognizes the distinct nature of these enterprises and offers exemptions and flexibility to accommodate their workforce dynamics. Seasonal business owners must understand the rules that apply to their specific situation, maintain thorough records, seek legal guidance when necessary, and adapt to changing compliance requirements as their business grows. By doing so, seasonal businesses can navigate the ACA landscape with confidence and continue to thrive within their respective industries. 

Learn how Asure’s ACA Filing services offer compliance peace of mind while freeing you to focus on growth. 

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