My employer made me get off the company’s health insurance plan because he found out my husband had family coverage. Is this legal?

I got on the plan in 2005 when my husbands co. was on strike and so I had no insurance.About 4 moths later strike ended and I was then also on husbands family plan.Boss is very angry that “he’s been paying all this time for nothing” and I’m hoping this doesn’t lead to him letting me go.

Asked on June 27, 2009 under Employment Labor Law, Massachusetts


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

Answered 11 years ago | Contributor

I am guessing that your employer was upset because of the law in Massachusetts that requires mandatory health insurance.  Businesses with 11 employees or more have to pay a "fair share" of the cost or pay a penalty.  Employees who do not offer coverage are subject to fees imposed by the state.  I am not fully familiar with the law but there may be an opt out provision for those covered under their spouse, parents, etc.  Can you both have coverage?  In New York you can and unless there is a specific law that prohibits it in Massachusetts, you probably can there too.  One becomes primary and one secondary. 

What is the most disturbing is your concern that your boss will fire you for this.  It may be a good idea to consult an attorney in your area about your concerns both about having the double insurance coverage and being fired. 

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