Legal Question in Employment Law in Pennsylvania

Health Insurance

I am a Vice President (senior mgmt) of a small firm employing less then 10 employees. I am pregnant and my health insurance is covered 100% by the employer. I am now asking for my childs insurance to also be covered. There is no human resource policy due to our size. Another senior manager presently is covered including his family and paid 100% by the employer. I was recently told that my employer would not cover the cost of the child and that I would have to pay it. My employer stated to me that my husband should pay for it because he can afford it. Is it legal to cover one employee of the same status and not another?


Asked on 8/27/02, 10:35 am

1 Answer from Attorneys

J. Bryan Tuk Mandracchia & Modesti, LLC

Re: Health Insurance

Generally, this seems as though the coverage issue would be determined by the eligibility guidelines of your insurer.

As for the issue of who pays for that extra coverage --you or your employer-- that's something else. Generally, it's smart management to treat your employees equally in terms of benefits. If the case is that your boss is male and is having his dependents' coverage fully subsidized by the company, and you, a female, are not receiving the same treatment, your company may have a problem.

Due to the size of your company (less than 10 employees) you may have protection under state law.

Based on the information provided, however, I would like to discuss this with you in greater detail if you are so inclined. Please call me at (215) 239-6026.

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Answered on 8/27/02, 10:44 am


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