Can an employer dock an employee’s pay for purchasing company health insurance?

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Can an employer dock an employee’s pay for purchasing company health insurance?

My husband was offered a pay raise. This raise was based on the money that his employer is saving because my husband did not opt into the company’s health insurance. If he chooses to later enroll in the health plan, the money that his employer previously saved will be deducted from his salary. Is this legal?

Asked on July 12, 2012 under Employment Labor Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your husband's employer can legally debit your husband's pay for purchasing company health insurance based upon the terms of the pay raise that he was offered depends upon if there is some written agreement signed by your husband to that effect or not. If he allows a debit out of his salary for later getting health insurance such must be in a writing signed by him.

If there is not writing allowing the unilateral debt from your husband's salary, such debit would be improper by the employer with respect to the health insurance issue that you have written about.


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