Am I entitled to retroactive pay from my employer due to missed medial benefits?

Question

I've been with the company for a year. Part of our agreement when I came on was immediate medical benefits. It's been a year and I'm still with out them. Every time I ask I get the run around. Aren't medical benefits part of the salary?

Answer 1

No, benefits are not part of your salary, they are separate and a company is not required to give their employees benefits.  But we need a bit more detail to tell you how to properly proceed.  Such as do all other employees have benefits and you don't?  By the run around what do you mean, you haven't gotten the forms, or do they just don't have a benefits plan in place?  I administer benefits for my company and if a company has a benefits plan in place, they have a certain period to enroll employees when they begin their employment, in most cases its 30 days from the start date.  Since you have been there a year has there been an open enrollment?  These are all important questions to best guide you.

-NEW-

Since there is a company plan in place, and you have have been there about a year, you need to find out when your next open enrollment period is, if you are an eligible employee you should be able to sign up for benefits at that time, remember if a company provides a benefits plan there are required to provide benefits for all similarly situated employees.  If the open enrollment has passed, you need to speak either with the HR rep or with a VP or higher, in some cases a company can write a letter of support and get you added to the plan even outside of the open enrollment period, I have done it.    

-Good Luck

Answer 2

There's something weird going on here.  Is this happening to other people also?

Unless you have a written contract specifying medical benefits, they aren't required to provide them.

Next time you ask and get that answer, ask them when they expect to find out.

But to your question, no you aren't entitled to retroactive pay.

Answer 3

In most cases, medical benefits are not considered wages for legal purposes.  The are considered "indirect compensation."  So no, you are not entitled to retroactive pay unless you have a written contract that states you are.

However, if an employer has lied to me or given me the run around like you have gotten, I'm finding a new job.

There is one legal theory that you may have recourse under, but it's pretty specific.  If you gave up another job to take this one based on the promise of medical benefits and you suffered a loss in the process (decreased wages, you had to move, etc) you might be able to make a case to that the company defrauded you and owes you damages.  I think I've seen this actually happen once though.  It's pretty rare.

Answer 4

In the U.S. employers are not required to provide medical insurance, it is a benefit that they may offer to employees. And payment for that coverage is at the discretion of the employer. I would sit down with your HR person and ask why there has been a delay in getting you enrolled in the company plan. Don't let them "get back to you" or walk away, make an appointment with the representative and sit down with them face to face and find out what's going on.

Answer 5

No they aren't salary.  Is there a contract or was it just verbal that you would get theise beneftits...is there a union...are other employees getting their benefits...what kind of runaround?  I need more information.