Why do I have to pay for health insurance that Im not allowed to use until April?

UPDATED: Oct 1, 2022

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Why do I have to pay for health insurance that Im not allowed to use until April?

I started my job October 22nd 2018. From that day forward, I’ve been paying weekly for health insurance. I’m on a 120 day probation period that ends 2/22/19. My employer tells me that I can’t use my health insurance until April, but has not given me a reason why. Can someone help explain this?

Asked on February 19, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This does not appear to be correct. You cannot be required to pay for a service or benefit you are not receiving, and conversely, if you pay for something, you are entitled to the benefit for which you are paying. Neither your employer nor the insurer has the right to pocket your money withoout providing what you are paying for. If you wish to pursue this matter, contact the NYS Dept. of Financial Services: that's the agency which generally regulates health insurance in your state. They can either help you or, if some other agency is more appropriate (e.g. the state labor department) can direct you to it. Good luck.

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