| They not only can, if it is a 125 plan, they must. It is a 125 plan if your portion of the premium comes out of your paycheck pre-tax, or if you have the option of taking it pre-tax.
You have a 30 day window to add a new dependent, be it a newborn, an adopted child, or a new spouse after marriage. If you miss that window, legally your employer MAY NOT add the dependent to the plan until the next open enrollment period, whenever that may be.
If it is not a 125 plan, then legally they are not prohibited from adding the dependent, but they cannot be required to do so, either. |