Termanation Of Benifits

[bry9477]

What is the name of your state? IDAHO

My question is ( can an empoyer require an empoyee to attend a smoking class in order to keep health care benifits?) The empoyee has a service record of 2 years and the empoyer has known about the use of smokeless tobacco from the employee from day one. The employer still gave the employee benifits anyway. Thanks for your input.

 

[i45ric]

Is employer paying full/most benefits cost

I worked for a company in NC that included a Tobacco free environment and "smoking classes" to reduce their health care premiums even though employees tenure was up to 16-20 years. There was little choice other then quit, fulfill the requirement or risk losing benefits.










Not a labor lawyer...... but this was my experience.

 

[Betty]

If your employer requires you to attend a smoking class, then you must attend or you can be disciplined including being fired.

 

[pattytx]

However, if you're required to attend, it's likely compensable time and you must be paid for it.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.27.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.28.htm

 

[cbg]

Your employer cannot make your health benefits contingent on attending a smoking class unless the health benefit policy SPECIFICALLY includes that as an eligibility requirement.

However, as indicated above, if the employer wants you to attend a smoking class and you refuse, you can legally be fired, which would pretty much take care of your health insurance benefits right there. Unless you were already on the plan when this requirement is made, you would not even be eligible for COBRA.

So if your employer wants you to take this class, I suggest you enroll in it pronto.

 

[bry9477]

Answer

This was not a requirement 2 years ago when applied for health benifits and was approved. Even with making it common knowledge to the insurance company that smokeless tabacco was used. Even the employer has first hand knowledge of the use of tobacco. Over 80% of employees use tobacco of some form and all have health benifits. The only thing that gets my goat is that this is during my family time and I will not get paid for it. That's 20 hours I could of spent with my family. The employer would have to fire 80% of their work force over this simple matter. That's a great loss of money for the company. So what do you think?

 

[cbg]

I think you'd better make up your mind to either take the class or look for new employment. Nothing you have said changes the answer you've already gotten.