If I have employer paid family healthcare insurance coverage, can employer stop paying for this benefit?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have employer paid family healthcare insurance coverage, can employer stop paying for this benefit?

I have worked for a credit union for over 19 years. All full-time employees get employer paid health insurance. 10 years ago, in lieu of an annual pay increase, my employer agreed to provide employer paid family health insurance. Now employer says it cannot continue to pay for family coverage. They are offering to increase my pay only a fraction of the current family insurance premium amount. Can they unilaterally make this change? Do I have to accept their offer take it or leave it?

Asked on August 25, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can stop providing this, and they don't need to offer you *any* increase at all--they are being more generous than required if offering you a small increase. Quite simply:
1) The law does not mandate health coverage: employers are free to not offer it, even if in some cases, under the ACA, they may face penalties (they could choose, if they do face a penalty, to pay it rather than provide insurance).
2) Employers are free to change compensation or even reduce it at all, unless you have a still-in-effect (unexpired) written employment contract for a defined or set term (e.g. a one-year, two-year, etc. contract) which, by its plain language or provisions, guarantees you certain compensation. Since health care is part of your compensation, this can be changed or reduced at will.
3) It doesn't matter how long you had certain benefits or compensation: in the absence of a contract, it may be changed (or reduced) at will.
So your employer can take away your health insurance either without any additional compensation or with whatever additional pay/compensation they choose, and your only option is to either accept the change or seek another job.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption