If my employer is refusing me health insurance even though I am eligble, what are my rights?

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If my employer is refusing me health insurance even though I am eligble, what are my rights?

I have been working at a restaurant for roughly 4 months. Last week, I approached my boss and asked him why I had not been given any information paperwork since I had passed my 90-day waiting period. He asked me to wait while he got the information. When he returned he informed me that because it was so far past my 90-day period that he couldn’t not offer me insurance and I would have to wait until the insurance company’s open enrollment in January.

Asked on September 8, 2010 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your employer really doesn't have a choice here, because this is how most health insurance plans are set up; there is a contract and your employer must follow it.  All you can do, really, is wait until the open enrollment comes around. By way of background, typically eligible employees may enroll for health insurance benefits within a certain number days from the first day of work (in your case 90 days). The only other time changes may be made to health insurance is within a prescribed number of days of a qualifying life changing event. Qualifying life events may include events such as marriage, divorce, birth or death of dependent, death of spouse, insurance change as a result of employment change, change from part-time to full-time status of employees, open enrollment of spouse, student status change or employee taking an unpaid leave of absence.


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