Can an employer deny one employee medical benefits under a group plan?

Question

I work for a franchised company and started here almost two year ago. When I started, I was told that after six months of employment I was eligable for medical benefits. Six months came and I asked for my paperwork. It took almost a month to "locate the document", I turned it in, and it took him a MONTH to turn it into the insurance company. I was denied medical insurance because the form was not submitted in time. THe boss said I would have to wait until open enrollment or my anniversary date (which are one in the same). Fast forward, it is time for open enrollment again, and the owner decided to go with another insurance carrier. Great, I like the new plans. However, I was told that I cannot be included as this would raise his premium. Isn't there something I can do?

Answer 1

That is ridiculous your employer sounds like a jerk....

But anyway-I would suggest contacting the Department of Labor and seeing what they have to say about it. He has obligations to offer you insurance and submit the information in a timely fashion and whatnot, so it sounds like a legal issue to me...they can help you with your options and what you should do from here

Answer 2

    You can ask Dept of labor. My understanding is that you must be provide benefits as soon as you are eligible, and request them. You can also call office of the insurance commissioner.

    IRS would have an answer.  If benefits are not provided to all who are eligible, and request participation, the the benefit plan may not be tax deductible to the employer.  

Answer 3

This is absolutely illegal. If you are eligible to enroll under the terms of the plan your employer can not keep you from enrolling no matter how much it will increase his premium.

Take it directly to the DOL. First call the EBSA who can give you guidance.

Answer 4

Yep, if there's group coverage, all employees in that group must be offered access.  

You can complain in writing with your state insurance department.  The likely outcome, is that you'll get fired, for some reason or other.

You're probably best off just finding another job.