medical for some employees?

[miller408]

What is the name of your state (only U.S. law)? California
so at my small company they are currently giving 2 out of the 4 employees personal medical. so my question is, is this legal? can they only pick and choose who they give medical insurance too?

 

[ecmst12]

They can create the plan so that there are multiple classes of employees, some being eligible for coverage and some not, if it's a group plan. If they are simply paying for individual coverage for some employees and not others, that is legal as long as it is not based on a protected characteristic such as race or gender.

 

[miller408]

well they keep telling us they are going to give us medical i even signed the papers for them when my year rolled around. also we had a employee who had medical then quit and came back a month later and they reinstated it the very next day for him so basically its legal for them to provide medical for everyone but 2 employees. all the office people have it as well as the other 2 techs and the only real reason they give is they cant afford it for us.

 

[ecmst12]

If it is a group plan and you are eligible then you MUST be given the opportunity to enroll.

 

[pattytx]

IS it a group plan?

BTW, please use proper sentence structure and punctuation. Your post is hard to understand without it.

 

[cbg]

There are two questions that need answering here:

1.) Is it a group plan?

2.) If it is a group plan, what does the plan say about who is eligible.

IF it is a group plan AND IF you are eligible as defined by the plan document, then you must be given a chance to enroll. IF it is a group plan AND IF you are NOT eligible as defined by the plan document, then you CANNOT be given coverage.

IF it is not a group plan, then outside of a legally binding contract or CBA that guarantees coverage, it's up to the employer who does and does not get coverage as long as he does not violate Title VII and related laws.