Can my employer stop my coverage for a month if they are taking it right out of my check every 2 weeks?

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Can my employer stop my coverage for a month if they are taking it right out of my check every 2 weeks?

We have earned time off, which is time we earn for working and we are able to use that anytime with no penalty. I ask for certain time off byt they say that I will lose my coverage for a month because I am not working 80 hours for the pay period. They have been taking $219.09 every 2 weeks from my check. They even took it a pay check for prepayment. Even though they say I’m going to lose coverage they are going to take out the $219.09 anyway so my check will be even smaller. I don’t see how they can cancel something I am paying for myself.

Asked on May 7, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employer appears to be incorrect:

1)  As long as they are taking your premiums out of  your paycheck, they clearly cannot stop providing coverage. If you are paying for the coverage, you must be provided it; failure to provide it would be, at a minimum, a breach of contract and unjust enrichment.

2) Similarly, if you prepaid for the coverage, you have to be provided it.

3) As long as you are actively employed--e.g. using PTO which you earned as part of your compensation--you must be provided coverage. Coverage may only be stopped if/when your employment terminates, or at least is put on some extended hiatus.

 


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