cbg
I'm a Northern Girl
I suspect you're out of luck. While I am not for a moment denying that you got gypped, it doesn't sound to me as if it was done deliberately. As soon as you brought the matter to their attention, they took steps to correct it, even if not the steps you would have preferred. Which says that if you had mentioned it to them sooner, they would have most likely done something sooner.
Additionally, there are laws - not just policies, honest to goodness Federal laws - regarding when you can add an employee to any kind of ERISA benefit, which includes health insurance. You can add an employee when they first become eligible, during the annual Open Enrollment period, or when there is an IRS-approved qualifying event. But at no other time. Mistakes can be corrected, but they can only be corrected retroactively so far. EXACTLY so far varies, but we allow 90 day retroactive corrections and we sometimes have to hold the insurance carrier's feet to the fire to get them to go that far back. (We're a HUGE employer who employs half the city of Cambridge, so we have a certain amount of clout.
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Please don't think I'm putting the blame on you. They're the ones who goofed. But if you had brought the matter to their attention at the end of the 90 day waiting period, they would have had to do one of two things; enroll you in benefits, or drop you back to part time then. So one of two things would have happened; you'd have had the benefits, or you'd have not worked the full time hours. But several months after the fact, they were beyond the window when they can make a retroactive correction, and there was no qualifying event to start benefits up, the only way to fix it is to drop you back to part time.
I'm wondering what might happen if you went to them and said, "look, I know that under the law you can't add me to the health insurance until there is a life event. But during the next Open Enrollment, would you consider putting me back to 40 hours a week and letting me enroll in benefits?" The worst they can say is No, and if you take the position that you understand why they are doing what they are doing and no objecting to it, they might see reason.
Additionally, there are laws - not just policies, honest to goodness Federal laws - regarding when you can add an employee to any kind of ERISA benefit, which includes health insurance. You can add an employee when they first become eligible, during the annual Open Enrollment period, or when there is an IRS-approved qualifying event. But at no other time. Mistakes can be corrected, but they can only be corrected retroactively so far. EXACTLY so far varies, but we allow 90 day retroactive corrections and we sometimes have to hold the insurance carrier's feet to the fire to get them to go that far back. (We're a HUGE employer who employs half the city of Cambridge, so we have a certain amount of clout.
)Please don't think I'm putting the blame on you. They're the ones who goofed. But if you had brought the matter to their attention at the end of the 90 day waiting period, they would have had to do one of two things; enroll you in benefits, or drop you back to part time then. So one of two things would have happened; you'd have had the benefits, or you'd have not worked the full time hours. But several months after the fact, they were beyond the window when they can make a retroactive correction, and there was no qualifying event to start benefits up, the only way to fix it is to drop you back to part time.
I'm wondering what might happen if you went to them and said, "look, I know that under the law you can't add me to the health insurance until there is a life event. But during the next Open Enrollment, would you consider putting me back to 40 hours a week and letting me enroll in benefits?" The worst they can say is No, and if you take the position that you understand why they are doing what they are doing and no objecting to it, they might see reason.
