1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Employer charging spousal surcharge for health insurance even if she is stay at home

Discussion in 'Employee Benefits, Pensions' started by jvanburen, May 31, 2013.

Thread Status:
Not open for further replies.
  1. jvanburen

    jvanburen Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    My employer on July 1st is going to start charging a surcharge for my stay at home spouse (mother of 3) of $75/bi weekly regardless if she has access to insurance or not. If she did work and had access to insurance they would not cover her at all. Is this legal. I understand the surchage if she worked and had access to insurance elsewhere but she does not.

    Also, doesnt apply to me, but if you are single and have two jobs and the other job also offers insurance my employer does not charge any surcharge they said this only applied to a spouse. I have read were this is discriminating on the basis of marrige and employers have been taken to court and lost.

    Any comments.
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,366
    Likes Received:
    1,966
    Trophy Points:
    113

    Is she eligible for any kind of coverage through your plan? It does not matter if she uses the coverage. If they provide coverage for her then they can charge for it.
    You should have the option to remove her from your insurance coverage if you don't want to pay for more than your self, but that is not likely wise.
     
  3. cbg

    cbg Super Moderator

    Messages:
    8,489
    Likes Received:
    1,612
    Trophy Points:
    113

    Marital status is not a protected characteristic under either Federal or Tennessee employment law, so such cases would fail in your state.

    FYI it is legal in all 50 states to charge more for two people than for one person. Why on earth would you imagine it is not?
     

Share This Page

Thread Status:
Not open for further replies.