Why do I have to pay for health insurance that Im not allowed to use until April?

I started my job October 22nd 2018. From that day forward, I’ve been paying weekly for health insurance. I’m on a 120 day probation period that ends 2/22/19. My employer tells me that I can’t use my health insurance until April, but has not given me a reason why. Can someone help explain this?

Asked on February 19, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

This does not appear to be correct. You cannot be required to pay for a service or benefit you are not receiving, and conversely, if you pay for something, you are entitled to the benefit for which you are paying. Neither your employer nor the insurer has the right to pocket your money withoout providing what you are paying for. If you wish to pursue this matter, contact the NYS Dept. of Financial Services: that's the agency which generally regulates health insurance in your state. They can either help you or, if some other agency is more appropriate (e.g. the state labor department) can direct you to it. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.