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Hello, I started a new job the beginning of December. They started taking out premiums for Medical insurance in January and said that I would have access to benefits in Feb. I ended up going part time on January 27th-thereby losing full time benefits-including medical. They continued to take out Medical premiums on my Feb 7th paycheck saying that it was part of January. Because I went to part time prior to Feb.1st they said that I do not have any access to benefits. I already paid for medical benefits for 6 weeks- shouldn't I at least have access to medical benefits for the month of February since I've already paid for them?
Feb 11, 2025
Employment Law
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

This is an interesting question. If your employer deducted premiums but never activated your coverage, the refund process could depend on whether those funds were forwarded to the insurance carrier or retained by the employer. Typically, when an employer collects insurance premiums through payroll deductions, they remit those payments to the insurance provider. If your employer deducted premiums for a period when you were ineligible for coverage, they should either refund the money themselves or coordinate with the insurance carrier to issue a refund.

Since you never had access to benefits for February, despite paying premiums for six weeks, you should first request a clear explanation from HR regarding where your payments went. If the employer already forwarded the funds to the insurance provider, then the carrier may be responsible for issuing a refund. In that case, you should contact the insurance company directly and explain the situation, asking whether they received payment on your behalf and whether you were ever officially enrolled in coverage. If you were never enrolled, they should be able to process a refund. If they claim you were enrolled but lost eligibility due to your part-time status, you may need to confirm whether you were entitled to any coverage for a portion of February or whether a prorated refund applies.

If the employer retained the funds instead of remitting them, then they are responsible for refunding you. In that scenario, you could have a claim under Colorado wage laws for improper payroll deductions. Either way, someone likely owes you a refund—whether it’s the employer or the insurer will depend on how the premiums were handled. If neither party cooperates, you may need to escalate the issue by filing a complaint with the Colorado Department of Labor and Employment or seeking legal assistance.

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