Can an employer make you pay back insurance premiums?

Asked by: Dr. Daron Ferry  |  Last update: December 7, 2025
Score: 4.4/5 (17 votes)

Unpaid premiums may become an employee debt if they don't return. As the employer, you can deduct it from any upcoming paychecks or pursue legal action for recovery. However, returning to work for 30+ days or direct retirement after leave satisfies the FMLA “return” requirement, preventing any premium recovery.

What is the 90 day rule for insurance?

The 90-day rule helps workers access benefits even in cases where their employers are delaying the compensation process. With the help of a workers' compensation attorney, you may be entitled to the following types of benefits.

Can my employer force me to pay for insurance?

Employers Can Force Participation

Employers often don't force employees to accept group health insurance. Employees can either take it or opt out of it. However, no law stops an employer from requiring employees to accept group health care coverage, even if the employee must pay the entire premium.

What if my employer did not deduct my health insurance premiums?

​If there was no deliberate error, then the employee will need to repay the costs. I wish it was better news. It may be possible to work a plan out with the employer where a certain amount extra for the premium is taken from each check until that amount is paid in full.

Can employer reimburse health insurance premiums?

Individual coverage Health Reimbursement Arrangements (HRAs)

It's a specific account-based health plan that allows employers to provide defined non-taxed reimbursements to employees for qualified medical expenses, including monthly premiums and out-of-pocket costs, like copayments and deductibles.

How insurance premiums and deductibles work

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Can you get a refund for health insurance premiums?

The Premium Tax Credit is a refundable tax credit designed to help eligible individuals and families with low or moderate income afford health insurance purchased through the Health Insurance Marketplace, also known as the Exchange. The size of your Premium Tax Credit is based on a sliding scale.

What does it mean when an employer pays 100% medical premiums?

That is, the employer pays 100% of their employees' health plan premiums. No extra payroll deduction or other ongoing costs to worry about.

Can an employer make you pay back insurance premiums if you?

California Labor Code Section 221 prohibits employers from deducting any part of an employee's wages already earned, which typically includes repaying health insurance premiums.

Can I sue my employer for not providing health insurance?

It has an obligation to honor that commitment, even though the law does not require it to provide health insurance. Otherwise, an employee can sue the employer to enforce the contract.

What happens if you don't pay your health insurance premium?

If you miss a monthly premium payment

Your health insurance company could end your coverage if you fall behind on your monthly premiums. A short period after your monthly health insurance payment is due to pay all owed premiums to avoid losing coverage.

Can I ask for money instead of health insurance?

It is legal to offer employees cash in lieu of health plan benefits, but it has to be done appropriately through a cafeteria plan that includes a “cash-in-lieu” agreement. If they opt out for cash in the agreement, they will be taxed on those funds as if they were wages.

Can you decline health insurance from an employer?

Not Mandatory: You are not required to take your employer's health insurance if you don't want it; you can opt-out and choose another plan. Consider Coverage and Costs: Before opting out, compare your employer's plan with other options, considering both coverage and costs, including any potential tax benefits.

What is the Labor Code 221?

It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee. (Added by Stats. 1937, Ch.

What is the 50% rule in insurance?

In California's personal injury cases, the concept of 50/50 liability applies when both parties are equally responsible for an accident or incident. This shared responsibility is also referred to as equal fault or shared fault, and it falls under the broader category of comparative fault.

How many days can you go without paying insurance?

What is a car insurance lapse grace period? Your car insurance policy won't be cancelled immediately because you miss a payment. Auto insurance companies are required by state law to provide notice before cancelling your policy. Depending on the state, you'll usually have between 10 and 20 days.

Why do employers make you wait 90 days for insurance?

The purpose of limiting the waiting period is to prevent workers from having to wait too long to get access to health coverage.

Can I sue my employer for not giving me benefits?

Yes, you may have recourse if your employer promised you vision and dental benefits upon your last contract negotiation but never enrolled you in those benefits. The specific steps you can take will depend on the terms of your employment contract and the laws in your state.

How much does health insurance cost if not through employer?

The premium you pay depends on factors like plan type, age, and location. For individual health insurance, costs vary based on coverage level. The 2024 average benchmark premium is $477, with ACA marketplace plans showing varying deductibles and monthly premiums.

What is the Affordable Care Act employer mandate?

Employers with 50 or more full-time and/or FTE employees must offer affordable/minimum value medical coverage to their full-time employees and their dependents up to the end of the month in which they turn age 26, or they may be subject to penalties.

Can an insurance company make you pay back money?

Yes, it can and likely will if you recover compensation for medical costs. The argument for this is that your insurer would not have had to pay the medical expenses if not for the liable party's actions. Our experienced personal injury attorneys can assist you with paying back the insurance company after a settlement.

What can you not do while on FMLA?

It's fine to continue to work while you're on FMLA, as long as you're doing it voluntarily and not because your employer is forcing you. Another thing you can't do is lie to your employer about why you're taking FMLA. That's called fraud – it's going to get you fired.

Can insurance premium be refunded?

Overpayment of Premiums: If you've accidentally overpaid your insurance premium, either due to a clerical error or a change in coverage, you may be entitled to a refund for the excess amount. In such cases, contact your insurance company to rectify the issue and request a refund.

Is $200 a month expensive for health insurance?

Is $200 a month expensive for health insurance in California? Health insurance that costs $200 per month is a good deal in California. Silver plans typically cost $513 per month for a 21-year-old or $656 per month for a 40-year-old.

What happens if you decline employer health insurance?

Those who choose to decline coverage during initial enrollment will not be covered under their employer's insurance plans or pay any premium deductions. They can only enroll in coverage outside of their eligibility window during a company's open enrollment period or in the event of a qualifying life event (QLE).

Can a company reimburse employee health insurance?

As you revamp your company's employee benefits package, you may wonder if you can reimburse your staff for health insurance. Yes, you can. Not only does this allow you to support your workers better, but it's also an excellent way to attract and retain talent at your company.