Can my employer a school choose not to cover my health insurance through the summer even though I worked all year and 12 months of insurance is specifically listed as a benefit in my hiring materials?

My wife works at a school. She is currently covered through insurance through them they contribute 95% but she let them know that she won’t be coming back next year. They’ve now said that she won’t receive insurance benefits through the summer because she will no longer be employed by the school. She will complete 100 of her side of the employment contract as of 5/24, working there the entire school year. Her contract specifically lists 12 months of health insurance as a benefit she is provided as compensation. It seems clear to me that them not making normal contributions to her insurance through the summer is no different from simply not paying her the agreed upon wage. I am going to have to add her to my insurance while we get this sorted out. My intuition is that they either have to cover 95% of premiums for her to be on insurance through them, in accordance with the employment contract, or what might have to happen they’ll have to cover any and all expenses we incur in maintaining an equal level of coverage. Am I right? This is all taking place in the state of Indiana, if that makes a difference.

Asked on May 16, 2017 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The core issue is, to which school year (year of employment) do the summer months belong? Assuming that you are correct about what the contract says, if the coming summer months are part of the current school, then they should pay for the insurance: it is part of her benefits for her current year. But if the coming summer is part of next school year, they would not have to pay, since your wife informed them she will not be working.

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