How long does my former employer have to offer me COBRA?
Asked by: Turner McDermott | Last update: June 16, 2025Score: 4.5/5 (2 votes)
How long does a company have to send COBRA information?
Your employer must mail you the COBRA information and forms within 14 days after receiving notification of the qualifying event. You are responsible for making sure your COBRA coverage goes into and stays in effect - if you do not ask for COBRA coverage before the deadline, you may lose your right to COBRA coverage.
How long do you have to elect a COBRA after leaving a job?
If you are entitled to elect COBRA coverage, you must be given an election period of at least 60 days (starting on the later of the date you are furnished the election notice or the date you would lose coverage) to choose whether or not to elect continuation coverage.
What is the timeline for COBRA offers?
The HR office must provide the Initial General COBRA Notice to covered individuals within 90 days of the coverage effective date. An exception to the 90 day rule is when a qualifying event occurs before the initial notice is provided to the employee.
What if my employer didn't offer me COBRA?
Penalties for COBRA Violations
If an employer fails to provide the required notice and a lawsuit results, the employer can also be required to pay the attorney's fees of the former employee's lawyer and other damages. If you have been unlawfully denied COBRA benefits, let us know. We can help.
My Employer Did Not Give Me My COBRA Continuation Health Coverage - What Do I Do?
Can I sue my employer for not offering COBRA?
The employees along with the beneficiaries have the right to sue to cover the medical expenses that would have taken place when the COBRA should have been offered.
How long does health insurance last after leaving a job?
The COBRA coverage lasts for 18 to 36 months—the exact amount of time varies depending on specific circumstances and the state you live in. According to the Department of Labor, you have 60 days to enroll in COBRA once your employer-sponsored health insurance ends.
How far back can you backdate a COBRA?
Keep in mind that if you wait to enroll, you won't save any money. COBRA is always retroactive to the day after your employer coverage ends.
When must an employer offer COBRA?
COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end.
Is COBRA active immediately?
COBRA coverage timeline
An employee eligible for COBRA insurance must opt for it within 60 days of their employer-sponsored insurance termination date. The coverage starts the day the previous coverage ends.
What is the COBRA loophole?
If you decide to enroll in COBRA health insurance, your coverage will be retroactive, meaning it will apply to any medical bills incurred during the 60-day decision period. This loophole can save you money by avoiding premium payments unless you actually need care during this time.
Can I go to the doctor while waiting for a COBRA?
You will be reimbursed for any medical bills that you pay out-of-pocket during this period. Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from the employer's benefits offices.
How much does COBRA typically cost per month?
COBRA coverage is not cheap.
A COBRA premium can cost on average $400 to $700 a month per person.
How long do you have to set up COBRA after leaving a job?
You have 60 days to enroll in COBRA once your employer-sponsored benefits end. Even if your enrollment is delayed, you will be covered by COBRA starting the day your prior coverage ended.
Why is COBRA so expensive?
Why is COBRA more expensive than employer-sponsored insurance? COBRA is more expensive because the individual is responsible for the entire premium amount without the employer's financial contribution that is provided during active employment.
What happens if I elect COBRA but don't pay?
There is no grace period if you're late paying your initial COBRA premium payment. 3 If it isn't paid on time (ie, within 45 days of electing COBRA), you lose your right to have COBRA coverage; you'll have to find other health insurance options or you'll be uninsured.
What if my employer did not offer COBRA?
What Happens when the Employer Fails to Comply with COBRA? The recommendation is to first try to work it out directly with the human resources department that provides the insurance. If you meet resistance with the employer on starting COBRA, you may call the Department of Labor to file a complaint.
What is the timeline for COBRA?
60 days: The COBRA-eligible participant(s) have 60 days to enroll in coverage. If the COBRA-eligible participant does not elect coverage within 60 days after the notification, they are no longer eligible to elect.
What is the penalty for not offering COBRA?
Penalties for Non-Compliance
Failing to adhere to COBRA rules can result in costly penalties. The Department of Labor may impose fines of $110 per day per qualified beneficiary for non-compliance with notice requirements, and the IRS can levy excise taxes for violations.
What is the time limit for COBRA?
Periods of Coverage
In most cases, COBRA coverage for the covered employee lasts a maximum of 18 months. However, the following exceptions apply: 29-Month Period (Disability Extension): Special rules apply for certain disabled individuals and family members.
What to do if you don't receive COBRA paperwork?
First, you should contact your former employer's human resources department to request a new copy of the paperwork. They may be able to send it to you electronically or by mail. If you are unable to obtain a new copy from your former employer, you can also contact the COBRA administrator for your health plan.
Who pays for COBRA after termination?
(California passed a similar law known as “Cal-COBRA.”) Under COBRA, the group plan health insurance plan made available to terminated workers provides the exact same benefits as they would receive if they were still a member of the group, except that the employees have to pay the employer's cost of providing the ...
Is insurance good for 30 days after quitting a job?
If you have an employment-based insurance plan, coverage typically ends on your last day of work or the last day of the month in which you leave your job. You may be able to continue receiving coverage through your employer's health plan with COBRA for 18 months or longer, but this option is often costly.
How to qualify for COBRA?
You must meet three basic requirements to be entitled to elect COBRA continuation coverage: Your group health plan must be covered by COBRA; • A qualifying event must occur; and • You must be a qualified beneficiary for that event.
When you resign from a job, what are you entitled to?
These benefits may include severance pay, health insurance, accrued vacation, overtime, unused sick pay, and retirement plans. Companies aren't obligated to provide severance pay. However, many employers do. Line up references before you leave.