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Being asked to change employment start date California

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  • Being asked to change employment start date California

    In order to obtain health benefits, I'm being asked by HR to change my employment start date to a later one.
    I was told that if I didn't, it will be another 90 days before I can get my health coverage. I've been with this company for 6 months, and after 3 months, I asked for health benefits and was told a Kaiser package would be sent. It never arrived, and now this.
    Is this legal, and how will it affect me as an employee if I refuse to change the date?

  • #2
    Why would you need to change your employment date to LATER in order to get benefits SOONER? That just doesn't make any sense.

    Comment


    • #3
      That's what puzzles me. It just doesn't feel right, and I was worried that if I didn't agree to the request, the company may find some way to harass me. That is why I wanted to find out if this is something anyone else has experienced.
      It is possible that the company failed to enrol me (and some others) when it was supposed to, but failed to do that after 6 months of employment, but even so, it still makes no sense why my employment date needs to be altered in order to receive health benefits.
      All I was told was that there were only two open enrollments for Kaiser within a given year.
      Any advice?

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      • #4
        Even if there are only two open enrollments in a year, given that you'd already met the criteria for eligibility you shouldn't then become INeligible for the next enrollment. Sounds fishy to me, like they are trying to cover something up. Is the coverage retroactive? Meaning, will it cover back to the date you became eligible? Perhaps they are trying to avoid paying for the retroactive coverage that you may or may not be entitled to? Just a thought, don't read too much into it... I think you need to ask them EXACTLY how it is that setting your employment date LATER than it actually is means you will be eligible for benefits SOONER. Two open enrollments per year just doesn't explain it.

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        • #5
          Thanks again for replying.
          That also occurred to me, that my employer may be avoiding paying for retroactive coverage. That question remains if this is something that is allowed, and how it will affect how I report my earnings when my pay stubs reflect my start date.
          Now all I have to do is ask how altering my start date has anything to do with getting health insurance.
          It seems a really peculiar request.
          Wish me luck; I hope I don't get flak for daring to question HR.

          Comment


          • #6
            It may be because other than open enrollment, an employee can only obtain coverage upon a qualifying event or as a new hire. If they missed the date to cover this person as a new hire, then they would be considered a late applicant and not eligible until the next open enrollment. Thus, if they lie about the actual hire date, they can enroll this person as a new hire.

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            • #7
              Besides, the employer is the one who determines the "hire date", not the employee. Even if it is completely off the wall.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                CA Dreamin's suggestion is the one that first came to my mind. I've been known to fudge a start date for an employee by a couple of days if there was a valid reason why the enrollment date was missed.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  That makes sense. Just wanted to make sure the OP wasn't going to get the short end of the stick by going along with the employer's request.

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                  • #10
                    Thank you all for your input. I was very uncomfortable with the idea that bordered on falsifying information, and worried that it could affect other benefits like vacation time.
                    I tried looking up labor laws, and couldn't find a way to ask this question. If that is the only way I can obtain coverage, I guess I'd have to go with it.

                    Comment

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