section 125

[seeking help]

What is the name of your state?What is the name of your state? NC

My newborn son turned 8 weeks yesterday. The personel office called our house yesterday to inform us he was not covered on our insurance plan because we did not sign a paper in 30 days. We had no idea we had to sign anything to make him part of the plan. No one from the company informed us of this rule during my pregnancy. They claim we should have known because it was dicussed on one powerpoint slide during orenitation 3 years ago. Is there no way that he can be added because of this oversight? Do we have any legal recourse to correct this?

[cbg]

No and no.

It is not the responsiblity of your employer to call you and tell you what to do. It is your responsibility to contact them and ask them what to do. This is your fault, not their fault. Sorry, but it's true.

If you are under a Section 125 plan, then Federal law states that you have 30 days from a qualifying event to make changes to your insurance plan. Once that 30 day window closes, you cannot make any changes until the next open enrollment period, whenever that is. This is Federal law and your employer has NO control over it. You will be able to add the baby at open enrollment, but I can't tell you when that will be. It could be next month; it could be not till next May. You'll have to ask your HR office about that.

You have no legal recourse for two reasons; one, your employer is acting within the law, and two, this was not your employer's error. As I said above, it is NOT their responsibility to contact every employee and tell them when and how to change their insurance status. It is the responsibility of the employees to keep them updated of any changes that have to be made.

[purple2]

This happens time and again and people are shocked they cannot force the insurer to add the baby. cbq is right.