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I am an HR consultant and I have a basic question about medical

 
 
 

Customer Question

I am an HR consultant and I have a basic question about medical contributions. I am now workign with a company that would like to pay the full medical costs for some of its staff and not others. For example, we just started a sales department - and while they get a small base pay - they are eligible for a nice, lucrative commission and bonus. We would like to institute where they don't pay any employee contribution towards their medical. In other words, the company would pay in full for their medical coverage. Is there any legal problem with that? Other employees have to contribute.

Also...just to be clear....can some employee's medical coverage be paid in full by the company and not others as part of their hiring agreement?

Submitted: 1006 days and 11 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: New Jersey

Already Tried:
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Posted by Marsha411JD 1006 days and 11 hours ago.

Expert's Answer

HelloCustomer

In New Jersey the employer can limit the offer of health insurance coverage or contributions by classes of employees. Each class must be based on a bona fide condition of employment. For example, full-time versus part-time, hourly versus salary, or department versus department if the employer has a bona fide reason for doing so. In your case, the fact that the sales department staff gets a commission and bonus, which I assume the other departments that are fully covered don't, would qualify.

 
 
 
 
 
 
1006 days and 11 hours ago.

Customer Reply

I may not have been as clear as I should have been.

All staff are fully covered - it's the amount of employee contribution that is the issue. The company wants to pay the full premium (employer plus employee contribution) for some people - while others have a monthly employee contribution to their benefits. For example some staff pay $100 per month - others may pay $50 per month and the sales staff pay $0 - all are fully covered.

 
 
 
 
 
 
Posted by Marsha411JD 1006 days and 11 hours ago.

Expert's Answer

Hello again,

No, I was the one who was apparently unclear. The employer can do what you propose with the restrictions set out above. They can treat different classes of employees differently as long as they have a bona fide condition, like the examples set out above. That includes the amount of contributions by employer or employee.

 
 
 
 
 
 
1006 days and 11 hours ago.

Customer Reply

You are wonderful!! I kinda thought so - but I didn't want to provide an answer to them without checking with you guys! This is a medical facility - so basically he can treat per diems, full-time, part-time or senior level executives differently -in terms of what they contribute to the medical plan, correct?

We are hiring sales staff - and offering a base of say - $40K with benefits fully paid or $45K for someone who decides they do not want benefits. So...that is fine? Correct?

 
 
 
 
 
 

Accepted Answer

Hello again,

Yes, you can treat all those classes of employees differently. The employer needs to make sure that they clearly state which classes are treated in what way. Meaning, clearly state from the get go what their contribution will be when they are hired.

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Expert: Marsha411JD
Pos. Feedback: 99.7 %
Accepts: 1511
Answered: 8/21/2009

Attorney

Licensed Atty, 25 yrs exp in the practice of law.

 
 
 
 
 
 
1006 days and 10 hours ago.

Customer Reply

THANK YOU SO MUCH! I LOVE THIS SITE. I HAVE ALWAYS GOTTEN GOOD ADVICE, SUGGESTIONS AND HELP. IT CERTAINLY MAKES MY JOB AS AN HR RESOURCE MUCH EASIER.

HAVE A WONDERFUL DAY!

 
 
 
 
 
 
Posted by Marsha411JD 1006 days and 10 hours ago.

Expert's Answer

You're welcome and thank you for your business.

 
 
 
 
 
 
1006 days and 10 hours ago.

Customer Reply

If I want to use you next time....how does that work?

 
 
 
 
 
 
Posted by Marsha411JD 1006 days and 10 hours ago.

Expert's Answer

Just request me specifically by my user name, MarshaDJD.

 
 
 
 
 
 
1006 days and 10 hours ago.

Customer Reply

WONDERFUL! Again, I really appreciated your help!

 
 
 
 
 
 
Posted by Marsha411JD 1006 days and 10 hours ago.

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