Can my employer make me pay the full premium of my health insurance when I leave my job?

Question

I work full time in NY and get paid weekly. I recently put in my two weeks notice and i am entitled to an unused weeks vacation and personal time i have accured. I asked how my health insurance would work-would i have to pay a whole week benefits or since im leaving on a monday would it just end that day. I was informed that i have to pay the remaining weeks (two weeks) till the end of the month both employers portion and my portions (the whole prem. myself) and it will automatically be witheld from my last check. I told them no I want it canceled on my last day and they said they can't. I do not belong to a union either. If I go to the doctors now and there is something wrong, when i get my new insurance August 1st it would be considered a pre existing condition. I make 7.40 an hour and need my full pay check to last me until i get paid from my new job (who pays every two weeks) I need help and advise please!!!!!!! thank you

Answer 1

can't you call the insurance company themselves?

they would know for sure one way or another

Answer 2

Yes.  Actually, I don't know of ANY employers, that pay for benefits, for people that used to be employees.  That's kinda, well, not good business sense.  

The insurance is usually set up for a calendar month, or the day after you quit.  THe union part is irrelevant.  

As long as you have a lapse in coverage, less than 63 days, the new insurer cannot exclude coverage for preexisting conditions.  

But for goodness sake, if you're going to go a few weeks without health insurance, don't ride a motorcycle, or do any sporty type things.

Answer 3

Please read this website:

http://www.dol.gov/dol/topic/health-plan...

The law that covers this issue is called "COBRA" and you can understand it better from this site than I can explain it!

Answer 4

/ That sounds "fishy" on the part of your (soon to be ex-)employer.

What you describe here, is not COBRA.

Insurance plans stay in effect for 90 days after the last insurance payment is made (on your last paycheck).

Also, your last paycheck is when you still work for your employer, so they can't change the rules while you are still employed by them and say that you have to pay their contribution.

You should call the State Insurance Commissioner, and tell them what you have said here.  As in most cases, it is better to see someone at the State Insurance Commissioner's office, rather than try to explain it on the phone to a receptionist.

Please do this soon.

Answer 5

As your employer says, you are going to have to pay the full premium from your remaining paycheck, and no you can't cancel the policy before you quit because it is not open enrollment.

As long as you don't go more than 63 days without coverage your new carrier cannot exclude preexisting conditions. See link to the law below.

Don

http://mtnhealthinsurance.com

Answer 6

Yes, they can withhold the entire premium from your paycheck.

Answer 7

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