Employer taking too much for medical benefits

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Employer taking too much for medical benefits

At open enrollment, I signed up for a family
medical insurance plan. There is a spousal
surcharge if your spouse is offer medical benefits
through another employer and declines to sign
up. However, the spousal surcharge is waived if
they are not offered medical coverage.

My wife works part time, so no medical is offered
to her. I submitted the required documentation to
get the spousal surcharge waived prior to the
deadline. I hadnt looked at my past several
paystubs but when I did, I discovered my
employer was taking surcharge out of my check.
When I asked HR about it, they didnt know why it
was happening. They were able to get the
surcharge stopped on future pay but stated they
will not refund the money they took. Is this legal?

Asked on March 15, 2019 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal:they are not allowed to take or keep money to which they are not otherwise entitled (e.g. the surcharge, when you do not meet the criteria to have to pay it), and having initially made a mistake likewise does not let them keep the money. They have to return it to you; if they do not you could (if you thought it worthwhile) sue them for the money.


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