Legal Question in Employment Law in Florida

Same level of health coverage spouce pregnacy and employee

Under federal law must an employer provide the same level of health insurance coverage for the pregnacy related medical condition of the SPOUCES of male employees as it provides fore its female employees?

Is there any difference under the laws of the state of Florida?


Asked on 2/25/00, 5:22 pm

1 Answer from Attorneys

Re: Same level of health coverage spouce pregnacy and employee

First, employee benefits are covered under a federal law called ERISA. The total extent to which ERISA preempts state insurance code is not completely decided, however for almost all purposes it does. Second, I am surprised that your employer would provide a different level of coverage for female employees than they do for the female spouse of a male employee. There is usually one group contract between the company and the insurance company. Is there a difference because the company offers multiple insurance plans? Is one person a recent hire not eligable for coverage or does one of the females in your question have a pre-existing condition that could explain the difference? Is the female employee recieving some "extra" benefit under a disability insurance coverage that you are confusing as health insurance. You should talk with your human resources department because I think one or more of the above might be a factor in you seeing different coverage.

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Answered on 3/10/00, 2:39 pm


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