Who could I ask about HR audits?

15 Comments

1. AnonymousMarch 9,2023 at 1:24AM UTC

   I think requiring a signed waiver is pretty standard. Otherwise the employee can easily have a case of disparate treatment. They get sick, don't have insurance, claim the company didn't offer it to them for some discriminatory reason (without documentation nobody can say for sure). The waiver ensures the employee understands what they are turning down and ensures the company offered the same benefits to everyone.

2. AnonymousMarch 9,2023 at 5:23AM UTC

   In my experience when I worked in HR, if the EE elected not to enroll, they signed a waiver as mentioned by the first respondent.

3. AnonymousMarch 9,2023 at 11:47AM UTC

   Thanks!!! Next question: Our software has a loophole that allows the employee to just...not sign up or sign a waiver. All our employees are in one building, but what would I do if they were in some other branch and didn't respond to email?

4. AnonymousMarch 9,2023 at 6:43PM UTC

   If there's no way to force a response to that section (make it a required field in the HR system), I would have a checklist for onboarding employees and require at signed acknowledgement or email response. There's going to be some way around it to make sure you have it documented and can't be sued over it down the road. Flat-out refusing to complete mandatory HR paperwork (as opposed to being confused by an online system or even missing or misunderstanding an email) would constitute unprofessional behavior and result in dismissal.

5. AnonymousMarch 9,2023 at 11:44PM UTC

   We don't have anybody refuse paperwork. We do have a very disorganized HR department, that didn't even have a documented onboarding process until the middle of last year. Instead of planning, they make a mess and then spend ten times the effort cleaning it up. Even though this happens every year.

6. AnonymousMarch 9,2023 at 9:11PM UTC

   Make sure you use "read receipts" for your emails. Even if they don't sign, you can show that they received and reviewed the information. Keep a digital folder for all these receipts.

7. AnonymousMarch 9,2023 at 1:12PM UTC

   A waiver for employees that qualify for health insurance at companies is a very common practice. Who is at fault is not an easy cut and dry answer. Depending upon systems companies use the employee could never have done their acknowledgement part. I work for a company where it is drilled out to the employees in several ways. If you're a full time employee it is impossible not to see the notifications, emails, alerts, leaders talking, etc to not know. Asking for an audit is not what your question to answer will lead to. Now, I'm thinking very large, established companies. Smaller companies it's even hard to think of a miss, as October is generally Open Enrollment Season for Healthcare across the job markets. So, I guess it would depend upon how THIS company handles this process, not everyone. Good luck.

8. AnonymousMarch 9,2023 at 11:41PM UTC

   We do announce Open Enrollment in email, and even have a mandatory training. But it has been very chaotic and last minute even though, as you said, it happens every October. Really we should just be able to attach a disclaimer saying if you don't sign up, you automatically waive.

9. Sylvia Hollingworth ReichleMarch 9,2023 at 1:28PM UTC

   Our new hire paperwork specifically states the deadline to submit all enrollment materials back to HR and that failure to enroll by the deadline will be accepted as a waiver of coverage. Next opportunity to enroll will be during OE.

10. GirlBossanova934974March 11,2023 at 2:29PM UTC

    Most companies email their employees several times advising them of the "End of Enrollment Date". Some companies hold training classes. Some companies send out paper notices in the mail. In all cases, there is a chain of communication which can be used to show an offer was made and not accepted. Individual company policy may require HR to get a waiver of health insurance but that is relatively rare.

11. AnonymousMarch 11,2023 at 4:28PM UTC

    After dealing with this, I had to become much more obstinate about getting a piece of paper from them saying they declined. Because when they get injured later and don't have coverage, all of a sudden they weren't told, nothing was given to them, they had no clue of the closure date and it is all on you to prove you went above and beyond to get them signed up. The company can be held liable if you can't prove they had lots of messages, emails, etc clearly stating what they needed to do and by when, We did a lot of talking to them because most didn't have emails. Finally go the company on a program through our insurance agent that sends out emails, tracks, and has the history in case of an audit. I was leaving and knew that no one would want to spend weeks tracking down 40 employees to get them to fill out paperwork

12. AnonymousMarch 11,2023 at 6:19PM UTC

    No the company is not at fault or liable. Not sure on which side of the conversation you are on but by law you have to have proof of health insurance when you file your taxes. The company can offer but you as a new employee can decline. Generally per the terms of the companies benefits provider or PEO there is a time limit for signing up and once that passes you cannot re-apply until open enrollment. The election must be done by the employee the employer is not required.

13. misskelleypMarch 11,2023 at 10:31PM UTC

    Yes, absolutely. If something happens to this employee they will then say 'but I was never offered health insurance" and the employer could be found liable. Always CYA!!

14. Valerie RiegerMarch 13,2023 at 1:34PM UTC

    I maintain copies of all communications, especially if I'm chasing after someone for forms. I publish due dates for open enrollment in emails, company newsletters, and in some organizations intranet sites and bulletin boards. For email communications, I only use the employee's company email address. If the come back and say they didn't know, I can prove all of the dates, times, and methods used to communicate. I have had one employee attempt to use the "I didn't know" defense. I showed all of those communication details to the CEO (yes, he complained to the CEO) and he was told that he missed the boat for that year but to pay attention for the next year.

15. AnonymousMarch 13,2023 at 5:20PM UTC

    Where I work, the default is coverage. It's in the new hire contract paperwork. If you don't choose insurance in the online portal, then you are signed up for basic coverage for you. If you are a current employee the coverage just remains the same.

    When I was onboarded I had to sign off that I received the paperwork and was able to login to the site.

    My daughter works at a place that automatically does a 2% 401k with match if she doesn't elect to waive the 401k deduction. It's in the paperwork.