employer might deny full-time benefits

[Robbie172006]

What is the name of your state (only U.S. law)? Texas

I have been with my company for a little over 7 months at the time of hiring i was told after i reach my 6 month mark i would receive benefits such as health insurance and vacation and holiday pay. The level of my benefits would be based on if I'm full-time or part-time which from my understanding is based on my average hours. The problem is I,m being told that I'm considered full time since i make 37+ average hours so i should receive full time benefits but now I'm being told since i made less than 19.5 hours during my 6 month period that i will receive no benefits and i do not qualify i have to wait till next year to see if i qualify again.

This all sounds wrong to me i have never heard of a stipulation like that can they really do that?

ps. my employer goes through the third party company Hewitt for benefits

 

[pattytx]

If this is an ERISA benefit, like medical or dental insurance, the employer MUST comply to the letter with the plan document. You can certainly ask HR for a copy of the Summary Plan Document and confirm what the eligibility rules are.

Regarding vacation and holiday pay, the company policy should apply, BUT compliance is not forced by law. Strictly up to the company.

 

[Robbie172006]

Regarding vacation and holiday pay, the company policy should apply, BUT compliance is not forced by law. Strictly up to the company

is it up to my employment company or the third party Human Resources company? According to my employer i do qualify but from my understanding Hewitt is throwing that 19.5 hour requirement in the mix. My HR or my HR's boss have not heard of that.

 

[pattytx]

If it is an ERISA benefit, the plan document. Period.

 

[cbg]

For ERISA benefits such as health insurance, it is up to the plan document. If that's what's in the plan document, then neither the employer nor Hewitt has the legal right to make exceptions. I can promise you that the employer was told about the hours requirement, whether they currently remember it (or admit to remembering it) or not. The employer may even have had input into the hours requirement when it was initially established. But whether they knew about it or not, if that is what the plan document says they MUST follow it, regardless of who knew what when.

For non-ERISA benefits such as vacation or holiday pay, the employer may make exceptions if they choose to. It is Hewitt's responsibility to remind them of the potential consequences of making exceptions.