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In MA, do employers have to offer dental insurance to employees?

Bedford, MA |

My employer offered medical, but said the dental insurance enrollment was a month later. I never got offered the dental insurance, but other employees seem to have it. If it has been offered to other employees, don't they have to offer it to me during the open enrollment period?

Attorney Answers 3

Posted

No

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2 comments

Asker

Posted

If the other employees have been offered the dental insurance, I would think there would be a basis for claiming discrimination. I was told I would be eligible for dental, but wasn't given access.

Henry Lebensbaum

Henry Lebensbaum

Posted

Discrimination based on what?

Posted

Employers are not required to offer any benefits to their employees. Unless your employer is denying you a benefit based on your membership in a protected class (i.e. your race, religion, sex, disability, etc...), he or she can also provide benefits to other employees that he does not provide to you.

Of course, sometimes these things are simply oversights. If you haven't already, just ask your employer or the HR department about dental benefits.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.

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Posted

Depending on the reason you are not being offered dental insurance while other employees have it, you may have a discrimination claim. Also, if you were told there would be dental insurance when you accepted the job, you may have a breach of contract claim. You should try to get this corrected by your employer and if unsuccessful, a lawyer should be able to write a demand letter on your behalf.

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