QUESTION

My employer termniated my health insurance 4 days after premium deducted from check

Asked on May 16th, 2017 on Employment Contracts - North Carolina
More details to this question:
I recently terminated my employment with the company but was advised since health insurance is deducted on a biweekly basis my coverage would last 30 days following my termination because coverage is paid for ahead of usage, my company terminated my coverage fully but deducted my premium, and they did not provide payment of my earned leave;they allowed to do so?
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
The only way to know for sure about the deduction would be to review the health insurance plan documents and then your payroll records to determine coverage and whether you are paying in advance.  In general, your health insurance benefits will end immediately upon termination of your employment, or, in some cases, at the end of the calendar month.  Also, in general, your employer does not terminate your health insurance. Rather, the employer provides notice to the health insurance company that you have been terminated which then triggers the termination of your continuing coverage per the plan and triggers the COBRA notification requirement. Employers in this state are not required to provide any type of paid leave.  However, if they do provide such paid leave, they are allowed to adopt forfieture provisions that provide you lose some or all of your paid leave in certain circumstances.  For example, many employers have a policy that you forfeit all accrued paid leave if you are terminated or quit without notice. So, it really depends on what the employer's policy on paid leave says.  If there is no policy at all, or you do not meet the forfeiture definition, then the employer must pay you all accrued but used paid leave.
Answered on May 17th, 2017 at 5:45 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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