Can my employer stop my coverage for a month if they are taking it right out of my check every 2 weeks?

UPDATED: May 7, 2012

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Can my employer stop my coverage for a month if they are taking it right out of my check every 2 weeks?

We have earned time off, which is time we earn for working and we are able to use that anytime with no penalty. I ask for certain time off byt they say that I will lose my coverage for a month because I am not working 80 hours for the pay period. They have been taking $219.09 every 2 weeks from my check. They even took it a pay check for prepayment. Even though they say I’m going to lose coverage they are going to take out the $219.09 anyway so my check will be even smaller. I don’t see how they can cancel something I am paying for myself.

Asked on May 7, 2012 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer appears to be incorrect:

1)  As long as they are taking your premiums out of  your paycheck, they clearly cannot stop providing coverage. If you are paying for the coverage, you must be provided it; failure to provide it would be, at a minimum, a breach of contract and unjust enrichment.

2) Similarly, if you prepaid for the coverage, you have to be provided it.

3) As long as you are actively employed--e.g. using PTO which you earned as part of your compensation--you must be provided coverage. Coverage may only be stopped if/when your employment terminates, or at least is put on some extended hiatus.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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