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  1. #1
    Join Date
    Apr 2011
    Posts
    3

    Default Can My Employer Force Me to Get Health Insurance

    My question involves labor and employment law for the state of: California,I work under the Living Wage Ordinance my employer enrolled to an insurance with out my written consent is that legal in the other hand Im already insure can the company do that

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Can My Employer Force Me to Get Health Insurance

    Cannot force u to get insurance

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can My Employer Force Me to Get Health Insurance

    Do you have to pay any portion of the premium?

  4. #4
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Can My Employer Force Me to Get Health Insurance

    yes they are deducting money from my check, I call the insurance company and they stated that my employer was the one paying for the benefits not me the employee.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can My Employer Force Me to Get Health Insurance

    The employer is the one who pays the bill. The insurance carrier never sees what portion is paid by the employer and which by the employee. All the insurance company knows is that they get a single check from the employer paying the bill. It's not broken down to show the employee's payment.

    It has always been my understanding, but I have no proof of this, that if you are paying a portion of the insurance it must be optional. I cannot show you a law that says this.

    How large is your employer? If very small, it's possible that their contract with the insurance company guarantees a 100% enrollment. If that is the case, it MAY be that with proof of other coverage you can opt out. You would have to discuss that with HR.

  6. #6
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Can My Employer Force Me to Get Health Insurance

    The company is pretty big they just got a contract a year ago that includes my position and around another 50 employees I call the HR but they keep telling me is mandatory and I keep telling them that I'm already insure and they don't want to take me out of the group.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can My Employer Force Me to Get Health Insurance

    Okay, here's what you need to do. You need to get a copy of the Summary Plan Description. HR or the insurance carrier are required by law to give you one if you ask for it. (They may take a reasonable time to do so; they don't have to reach into a box and give you one on the spot.) When you get it, come back here and we'll take it from there.

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