Is company liable for pay out of benefit?

Company conducted open enrollment for Aflac, I elected coverage. HR generalist did not enroll me, I asked several times and then the generalist said she was working on it. I had a qualifying event and now Aflac says there is a 12 month employment requirement for eligibility and nothing was ever communicated here,nor does the Director of HR remember hearing this. Can I force the company to pay the benefit?

1 answer  |  asked Aug 23, 2012 07:36 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The simple answer is probably not. Most of the payouts for events are small and a lawsuit would be expensive. Also, AFLAC premiums would be deducted from your pay or categorized somewhere on your payroll. The HR person probably screwed this up for more than you. As the benefit is independent of the employer funded plans, I think this will not come out well for you. This is true even though there seems to be good reason for you to complain. The company might pay, but it probably does not have a legal obligation.

posted by Bruce Elfvin  |  Aug 23, 2012 07:40 AM [EST]

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