90 Days Don't End Until the First of the Following Month?

[NathanTX]

Today is my fiance's 90th day at her current job. She has a doctor's appointment (too late to cancel without having to pay in full) tomorrow. Today her employer told her she will not receive coverage until March 1st (the first day of the next month following the completion of 90 days, rather than the 91st day of employment). This is the first she's heard of this. Is this legal?

 

[cbg]

It is legal for a company to have a plan where coverage starts the first of the following month after gaining eligibility, if that's what you mean.

If you are asking whether it's legal in your fiancee's specific case, that will depend on when the plan document says coverage will start. If it's the 91st day of employment, then she should contact the DOL. If it's the first of the month following 90 days, however, she is SOL.

 

[NathanTX]

Thank you for the quick response. The plan does not say anything about the first of the next month. This is actually her second probationary period because she was "promoted" 90 days ago, and they have been reaching for reasons to write her up as of late.

 

[cbg]

EXACTLY what does the plan document say with regards to eligibility? Word for word, please.

You do know what I mean by a plan document, correct? It is NOT the employee handbook or manual.

 

[Beth3]

The plan does not say anything about the first of the next month.

So you've read the Plan Document or Insurance Certificate? I'm not referring to an employee handbook or general information your fiance received - I'm talking about the actual Plan Document. That is the document that governs the health insurance plan and will specify when newly eligible employees may enroll. The first of the month following 90 days of employment is fairly common.

 

[Zigner]

Today is my fiance's 90th day at her current job. She has a doctor's appointment (too late to cancel without having to pay in full) tomorrow. Today her employer told her she will not receive coverage until March 1st (the first day of the next month following the completion of 90 days, rather than the 91st day of employment). This is the first she's heard of this. Is this legal?

Not only is it legal, I daresay that it is fairly common.

 

[cbg]

When I worked for UHC, ALL of the plans I managed were written that way.