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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11657
Experience:  Significant experience in all areas of employment law.
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Can an employer in NYS pay an employee not to take/enroll in

Customer Question

Can an employer in NYS pay an employee not to take/enroll in the group health plan offered trough their employer?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
They are in a union
Customer: replied 1 year ago.
I do not want a re accruing charge on my account.
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. Don't worry, I will ensure once we are done that you are not enrolled in any sort of recurring charge subscription service and that this is a one-time fee.

There is nothing inherently unlawful about providing additional compensation to employees who choose not to accept the employer's health insurance coverage. In fact, this is a common arrangement that many employees appreciate as it allows them the freedom to obtain whatever sort of health insurance they want to on their own. Only if the employer was limiting who they made this option available to on the basis of a legally protected trait, such as gender or disability (i.e. not allowing disabled employees to accept additional compensation in lieu of the employer's insurance) would there typically be any legal violation.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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