What to do if my employer is deducting from my paycheck my health insurance premium, but they haven’t enrolled me yet, it has been 60 days from the offer?

Asked on March 30, 2015 under Employment Labor Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, check with your company's human resoures person or department--this may simply be an oversight that can be easily corrected. If they claim that you should be enrolled, have them contact the insurer and see what is happening.

The short answer to your question is that if the failure to enroll is simply an error by the employer or the insurer, that can and should be fixed, though you should also receive either the premiums back or some other credito to reflect that you were paying premiums without receiving coverage. And if this was an innocent mistake, they should be willing to do this.

If it's not an innocent mistake--e.g. the employer is taking your money and refusing to actually buy the insurance--you may wish to report them to your state's labor department and/or attorney general's office, and you may need to sue them to get the money back. Taking your premiums while knowingly refusing to provide coverage would be a crime (a form of theft).

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