Maintaining a health plan is an employee's legally guaranteed right. Check the conditions.
Many may not know, but an employee who is fired without just cause has the right to maintain the health plan under the same conditions that he received during his employment. In return, the citizen must pay the full amount of the plan.
In this context, to maintain the plan, the beneficiary must pay the company's share and their contribution share. that is, 100% of the contracted value. It is possible to keep family members registered in the contract and add a new spouse or child.
According to the relevant legislation, the health plan can be maintained for a period equal to ⅓ (one third) of the time you were employed and paid in the plan, respecting the maximum duration of two years.
What are the requirements for maintaining the plan?
Employees who meet the following conditions will be able to maintain the health plan with the same coverage they received prior to termination.
- He was fired without just cause;
- You must have contributed to the plan's monthly payments during your stay at the company;
- You must pay 100% of the amount related to the health plan;
- The plan must be associated with a product that corresponds to contracts acquired by the company after 02/01/1999 or according to the plans amended by Law No. 9,656 of 98.
There are situations in which it will not be possible to maintain the plan, see:
Finally, it is worth highlighting that, in certain situations, it is not permitted to maintain the health plan after termination.:
- In case of termination for just cause, by mutual agreement or in case of termination requests;
- In cases where the citizen started a new job;
- Situations in which the company paid 100% of the expected amount, as it is necessary to be a contributor to maintain the plan;
- Not within the plan duration limit (minimum 6 months and maximum 2 years). In this case, the plan will be terminated.
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