Can an employer terminate coverage for a newborn 3 months after the child is born?

My son’s father agreed prior to son’s birth to carry medical coverage for our son. My son was born on Thursday, his father went to his HR dept and filled out necessary paperwork for coverage. We have submitted birth certificate and SS card. We did not have a child support hearing until end of May which states father then is responsible to carry coverage. Because of this decree, his employer has cancelled our son’s medical coverage for the 4 months prior. Can they do this? And if so, whom now is responsible for the bill?

Asked on January 5, 2011 under Employment Labor Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You know, I do not see how an official decree from the court should matter here if your son's Father has admitted paternity and called him his own.  You have a right to have your children on your medical plan without a court decree.  So I really think that the employer acted erroneously in this matter.  I would have an attorney contact the employer to discuss on what basis he cancelled the health insurance.  I am sure that your son's Father paid for the family coverage for that time too, didn't he?  You really need to push this issue or the insurer may come after you fo the money that has been paid out this far and the outstanding bills from the medical providers may come rolling in as well.  Good luck.

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