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I'm loosing my health ins. Due too cut in hours .my employer…

Customer Question
I'm loosing my health...

I'm loosing my health ins. Due too cut in hours .my employer ( first national bank of PA still hasn't notified me.do they have an obligation to let me know or do I have a case

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was considered part time with enough qualifying hours, but because they don't want to pay for my ins. They cut my hours. I had to ask if I had enough he's, they said I needed 30 hours average a week for the previous year. She told me my average was only 28. But I have never been told anything officially

Submitted: 7 months ago.Category: Employment Law
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Answered in 2 hours by:
12/10/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,928
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. If you have a "qualifying event" under COBRA, which a cut in hours to part-time would be, then your employer is required to notify your health plan administrator of the change and the Plan administrator in turn must send you your COBRA rights to purchase your own coverage through the Plan. This process can, under the law, take up to 44 days from the time you are no longer eligible for the employee health plan.

That said, if you elect the COBRA coverage, or purchase any insurance on your own, that coverage, because of the law, will be backdated to the date that your employer ended your regular employee coverage. The law, as you can see, is a bit complicated, but the answer your specific question, although it is best for the employer to make clear that coverage will stop, they are only required to comply with the process I advised you of. You can certainly speak to your benefits person and ask how long it usually takes for the COBRA notice with your Plan and if they know the specific date that your regular coverage will be dropped, but they don't have to notify you ahead of time or even on the day. Just within that 44 days I spoke of.

Here is a link to more COBRA information: https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/cobra-continuation-health-coverage-compliance

Please feel free to ask for clarification if needed. I will be away from my computer for much of the day, but will respond as soon as I am available. If no further assistance is needed, then if you could take a moment to let me know that I covered your question, by replying to this answer, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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