Is FMLA a COBRA qualifying event?
Asked by: Allison Considine | Last update: July 15, 2025Score: 4.5/5 (74 votes)
What are the 7 COBRA qualifying events?
The seven COBRA qualifying events that allow individuals to maintain their employer-sponsored health insurance include termination of employment for reasons other than gross misconduct, reduction in the number of work hours, divorce or legal separation from the covered employee, the covered employee becoming entitled ...
Is going on FMLA a qualifying life event?
In addition to medical leave, the birth of a newborn or the placement of a child in adoption or foster care is also considered an FMLA qualifying event.
Which of the following is not a qualifying event for COBRA?
Coverage provided under the FMLA is not COBRA coverage, and taking FMLA leave is not a qualifying event under COBRA.
What are FMLA qualifying events?
The FMLA protects leave for: The birth of a child or placement of a child with the employee for adoption or foster care, The care for a child, spouse, or parent who has a serious health condition, A serious health condition that makes the employee unable to work, and.
FMLA Qualifying Exigency Leave
What is an example of a qualifying condition to apply for FMLA?
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 ...
What is FMLA protected activity?
Protected activities under the FEHA include taking a medical leave or requesting a reasonable accommodation due to a disability. These activities are considered “protected” because they are rights granted to employees under the law.
Is FMLA a COBRA event?
Group health coverage that is provided under the FMLA during a family or medical leave is not COBRA continuation coverage, and taking FMLA leave is not a qualifying event under COBRA.
What plans are not subject to COBRA?
Indemnity policies, PPOs, HMOs, and self-insured plans are all eligible for COBRA extension; however, federal government employee plans and church plans are exempt from COBRA. Individual health insurance is also exempt from COBRA extension.
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.
Why use FMLA instead of sick leave?
The Family and Medical Leave Act (FMLA) may be able to help. Whether you are unable to work because of your own serious health condition, or because you need to care for your parent, spouse, or child with a serious health condition, the FMLA provides unpaid, job-protected leave.
What happens when my 12 weeks of FMLA is exhausted?
When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.
What are the rules around FMLA?
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
Who is not eligible for COBRA?
Why would an employee not qualify to enroll in Cal-COBRA? The employee is enrolled in or eligible for Medicare. The employee does not enroll within 60 days of receiving the notice of eligibility from the employer. The employee is covered by another health plan.
Is coming off COBRA a qualifying event?
Losing COBRA Benefits
Here's the good news: Rolling off of COBRA coverage is a qualifying event that opens a special enrollment period for you to purchase your own health coverage. And you'll have more options, flexibility and control of your health plan outside of COBRA with an individual health insurance plan.
Why is COBRA so expensive?
COBRA coverage is not cheap.
Why? Because you're now responsible for paying your portion of your health insurance: The cost your employer contributed to your premium, in addition to the 2% service fee on the cost of your insurance.
How long can you stay on COBRA after leaving a job?
While COBRA is temporary, in most circumstances, you can stay on COBRA for 18 to 36 months.
What are the disadvantages of COBRA coverage?
- COBRA can be expensive, especially compared to the premiums you were paying before your qualifying event. ...
- COBRA does not apply to all employer-sponsored health plans—in particular, those organizations with fewer than 20 employees may have no requirements. ...
- Even if you get an extension, COBRA is only temporary.
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.
How does COBRA apply to a leave of absence?
Eligibility will end upon the conclusion of the three (3) calendar month period immediately following the month in which the person last worked as an active employee. In this scenario, once an employee goes on leave, if he/she does not return within the specified time, coverage is terminated, and COBRA is offered.
Is COVID an FMLA qualifying event?
The FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with COVID-19 in some instances, or who are needed to care for covered family members who are incapacitated by a serious health condition.
What qualifies as a COBRA event?
COBRA coverage follows a "qualifying event". An example of a qualifying event would be if your hours were reduced or you lost your job (as long as there was no gross misconduct). Your employer must mail you the COBRA information and forms within 14 days after receiving notification of the qualifying event.
What is the longest you can be on FMLA?
Eligible employees have the right to use up to 12 workweeks of FMLA leave in a 12-month period, and up to 26 workweeks of leave in a single 12-month period for military caregiver leave.
What triggers an FMLA event?
Under the FMLA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility; any overnight admission to such facilities is an automatic trigger for FMLA eligibility) or ...
How long is job protected after FMLA?
While FMLA provides protections for your job, benefits, and wages while taking protected leave, those protections end after your 12 weeks of leave is up. At that point, you must return to work or secure some other form of leave.