What to do if my wife’s employer requires that she take a health insurance plan when she’s covered already on my family plan?

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What to do if my wife’s employer requires that she take a health insurance plan when she’s covered already on my family plan?

My wife works for a local school district, when she was hired she was told she had to select a health insurance plan. Being that my wife is covered on my family plan through my employer she just selected the catastrophic plan which didn’t cost her anything. Recently the district just released it’s new health care rates and the catastropic plan is now going to cost us $30 a month. Is this legal? Can a employer require you take health insurance even if it will cost the employee money?

Asked on July 3, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, an employer can make it  term or condition of employment that you must take health insurance through them, even if it not useful to you or costs you money, just as employers can require that employees do other things which cost them money but benefit the employer in some way, such as: have a smart phone; provide their own laptop or tools; increase their car insurance and name the employer as an additional insured; etc.


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