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A company hires an employee as full time on call (40+hrs) & regular employees receive benefits, shouldn't the on call employee

Asked over 2 years ago - Pinellas Park, FL

My husband was hired as an on call employee to a very large company, more than 3000 employees. Not freelance. The employer takes his taxes and SS/workers comp etc. "Regular" full time employees receive the ability to buy into the group health insurance. He never works less than 45 to 60 hours per week as he is managing two different positions for the company. They expected him to work overtime as a result. He was laid off from the company for about 2 years due to downsizing and we had benefits prior to the layoff. He was brought back about 18 months ago. Shouldn't this make him eligible for the same benefits as the other hires? We have two children with no medical coverage and I am on disability. He is afraid to ask for insurance at the risk of getting fired.

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Attorney answers (1)

Archibald Johns Thomas III

Reputation Level 14

Answered over 2 years ago. Wrongful Termination Lawyer in Jacksonville, FL.

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He is entitled to benefits if he is a covered employee within the meaning of the Health Care Plan Document. The primary way to determine if he is entitled to insurance is to request a copy of the plan document from the plan administrator and to review the provisions regarding what types of employees are covered. If you husband is afraid to ask, maybe he can get a copy of the plan document from one of the other employees who have coverage.

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