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  1. #1
    Join Date
    Jan 2013
    Posts
    3

    Default What Are the Employer's Legal Obligations to Notify Employees of Available Benefits

    My question involves employment and labor law for the state of: Utah

    My girlfriend's company advised her that she was eligible for health insurance in November of 2012, 60 days after her re-hire to the company. She had left the company less than 6 months prior and came back. Upon returning to work, she asked her company when she would be eligible for benefits and the company advised her 6 months was the benefits waiting time for employment with the company. Now, the company is saying that she should have filed back in November, but because she waited, as she was advised by the company to do, the company wants to charge her twice her monthly premium to make up for the three months from november to the end of January. I'm trying to figure out if this is legal and have been racking my brain. Any information and assistance would be greatly appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Are the Employer's Legal Obligations to Notify Employees of Available Benefi

    Are they giving her coverage back to November?

  3. #3
    Join Date
    Jan 2013
    Posts
    3

    Default Re: What Are the Employer's Legal Obligations to Notify Employees of Available Benefi

    Yes, but she has no need for the coverage from back then, only a cheap wisdom tooth removal that she does not want reimbursement for. she only wants insurance effective in february, but they want her to pay for the previous months, with no claims to file for reimbursement or to wait until June.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Are the Employer's Legal Obligations to Notify Employees of Available Benefi

    It's not her choice. The IRS regulations that govern employer sponsored health insurance plans limit when she is allowed to join a plan. She can join when she is first eligible (in November) or she can wait till open enrollment (in June) but those are the only dates open to her BY LAW unless she has another qualifying event as the IRS defines an qualifying event. She does not have the option of starting it in February since she does not have a qualifying event in February. Neither she nor the employer has any choice or control of that.

    The employer made a mistake and they are fixing it, but nothing in the law says that the fix has to involve 3 months of free health insurance, and they WOULD be in violation of the law if they let her start her coverage in February. What the employer is doing is absolutely legal, and the ONLY other legal option would be for her to wait until June.

  5. #5
    Join Date
    Jan 2013
    Posts
    3

    Default Re: What Are the Employer's Legal Obligations to Notify Employees of Available Benefi

    well, thats bogus, but i appreciate the information, now i know. thanks cbg

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