Fired employee can continue with the company’s health plan: just do that

See how to continue with your company’s health plan after the end of the employment relationship.

Estimated reading time: 3 minutes

Few know about the right of the worker dismissed without just cause to maintain the health plan under the same conditions that he had during the duration of the employment relationship. However, it is necessary for the citizen to pay the full value of the plan.

Therefore, to continue with the health plan, the beneficiary must pay the company’s share and its contribution share, that is, 100% of the cost of the plan. There is also the possibility to keep the dependents that were included in the contract and include a new spouse or child.

According to the legislation that addresses the matter, the health plan can be maintained for a period corresponding to ⅓ (one third) of the time that the worker was employed and contributed to the plan, observing the maximum period of duration of two years.

To continue with the health plan, with the same coverage received before dismissal, the worker must meet the following requirements:

  • Have contributed to the plan’s monthly fee while working at the company;
  • Pay 100% of the value of the health plan;
  • Have been fired without just cause;
  • The plan must correspond to a product of contracts, acquired by the company after 01/02/1999, or to the plans adapted in Law nº 9.656 of 98.

When is it not possible to maintain the health plan?

In some situations, it is not possible for the worker to maintain the health plan after leaving the company. Are they:

  • Entering a new job;
  • Dismissal for just cause, consensual, or in requests for dismissal;
  • When the company paid 100% of the value of the plan, since it is necessary to be a contributor to maintain the plan;
  • The plan’s maintenance deadline has expired (minimum 6 months and maximum 2 years).

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Image: Ratanapon Srisuneton / Shutterstock.com

About Jenni Smith

She's our PC girl, so anything is up to her. She is also responsible for the videos of Play Crazy Game, as well as giving a leg in the news.

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