Can my employer force me to take their company paid health insurance?

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Can my employer force me to take their company paid health insurance?

Asked on February 21, 2011 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No. An employer may not make someone take health insurance if they don't want to, and if you don't take it, they can't take the employee portion of the premium out of your salary or wages. People have a right to decline coverage, and often will if they or a spouse gets coverage from another source. However,

1) If  you do decline coverage, while you won't have to pay the employee premium, you won't otherwise be paid any more--i.e. the company doesn't have to give you a salary bump because they are not paying the employer portion of your coverage.

2)  If there is an agreement in place requiring you to take or pay for insurance, that agreement would be honored; so, for example, a union or collective bargaining agreement may provide that all covered employees get and contribute to health insurance.

3) Changes in coverage can only be made at hiring; when certain specified life events (e.g. marriage, birth of a child, etc.) occur; or at "open enrollment" time.


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