Is it legal for an employer to charge a spousal surcharge if spouse is self employed and not offered insurance?
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Is it legal for an employer to charge a spousal surcharge if spouse is self employed and not offered insurance?
My current company charges me 100 a
month, spousal surcharge, for my husband
being on my plan. He is self employed and
does not have insurance.
Asked on January 8, 2019 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they can do this. It is more expensive to provide couple or family coverage than coverage for a single person. There is no law requiring the employer to absorb all that extra cost itself: it can charge extra to have a spouse on the plan to offset the extra expense.
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