What if my employer didn't offer me COBRA?
Asked by: Prof. Marlee Yost Jr. | Last update: January 13, 2026Score: 4.7/5 (74 votes)
Can you sue a company for not offering COBRA?
In certain cases, yes, you can sue your employer for not offering COBRA. Employers are obligated to inform eligible employees about the availability of insurance coverage under COBRA and the requirement for employees to pay the full premium.
Does my employer have to offer COBRA if I quit?
Yes, You Can Get COBRA Insurance After You Quit Your Job
Known as the Consolidated Omnibus Budget Reconciliation Act of 1985, this legislation applies to employers with 20 or more employees. State-level Mini-COBRA laws extend similar requirements to small businesses with fewer than 20 full-time employees.
What is the penalty for not offering a 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 happens if you don't make a COBRA payment?
You can be required, however, to make an initial premium payment within 45 days after the date of your COBRA election (that is the date you mail in your election form, if you use first-class mail). Failure to make any payment within that period of time could cause you to lose all COBRA rights.
My Employer Did Not Give Me My COBRA Continuation Health Coverage - What Do I Do?
What happens if employer never sends COBRA?
Employers who fail to comply with the COBRA requirements can be required to pay a steep price. Failure to provide the COBRA election notice within this time period can subject employers to a penalty of up to $110 per day, as well as the cost of medical expenses incurred by the qualified beneficiary.
Is offering COBRA mandatory?
Federal COBRA requires continuation coverage be offered to covered employees, their spouses, former spouses, and dependent children. Federal COBRA applies to employers and group health plans that cover 20 or more employees.
Can my employer deny me COBRA?
Under COBRA, a person who has been terminated for gross misconduct may be denied COBRA. Gross misconduct is not specifically defined by COBRA, but when based on an employer's practice or policy it could include misrepresentation during the hiring process or falsifying information on a Form I-9.
Do employers ever pay for COBRA?
Yes, an employer can pay all or part of a former or current employee's COBRA premiums.
What is the 60 day loophole for cobras?
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.
Did not receive COBRA paperwork.?
What If I Did Not Receive a COBRA Election Letter? We recommend working with the employer's human resources department. Call and ask them to resend the health insurance continuation election form. They may refer you to their third-party administrator.
Is COBRA coverage worth it?
“If you're close to meeting your deductible on your current insurance plan and you have high health care costs, it may be worth it to temporarily stay on your COBRA plan,” explains Donovan. The same holds true if you're far into your employer plan's year and have already met your deductible.
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 companies are exempt from 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.
Can I sue my employer for not providing health insurance?
It has an obligation to honor that commitment, even though the law does not require it to provide health insurance. Otherwise, an employee can sue the employer to enforce the contract.
Do you have to offer COBRA to employees who quit?
If the employee was covered under the group health plan the day before the qualifying event, the employee and their dependents will be eligible for COBRA regardless of whether the employee voluntarily resigned or was involuntarily terminated.
How much is cobra insurance a month?
As a result of these factors, your COBRA premium will typically be higher than the amount previously deducted from your paycheck. Based on plan and state, COBRA costs range from about $400 to $700 per month and are based on the following: Your previous monthly insurance contribution.
Are COBRA payments reported on W-2?
In general, each employer providing coverage will have to report the prorated cost on the employee's W-2. If the employee is terminated, the employer can also include the COBRA payment amounts paid by the employee after termination.
Is COBRA covered by severance?
When employees lose their jobs and are offered severance, it's common for employers to pay all or a portion of the COBRA premiums for a few months on a pre-tax basis (although not required by law).
What are the penalties for not offering COBRA?
The employer penalties for not complying with the COBRA:
If the violation is determined “more than trivial” by the IRS, the company could face up to a $15,000 fine. You cannot be charged a fine of more than $500,000 annually or 10% of the past year's total health care costs.
How do I get COBRA through my employer?
Applying for COBRA begins with the employer who provided the health plan to notify you of your right to continuation. The employer has 30 days to notify the group health plan of the qualifying event. After that, the employer has 14 days to notify you of your COBRA right to keep your work health insurance.
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 long does it take for a COBRA to kick in?
COBRA coverage timeline
The coverage starts the day the previous coverage ends. The employer's COBRA administrator is responsible for sending out an election notice with information about deadlines for enrollment. For example, if employment ends on April 25, COBRA will pick up where the group health plan ends.
How do I calculate my COBRA payment?
If you want to figure this out on your own, ask HR how much your employer is contributing toward your monthly coverage. Then, check your pay stub to see how much you're contributing. After adding these figures, add another 2% (for the service fee). This will show you exactly how much you'll expect to pay for COBRA.
Are COBRA payments tax deductible?
Are my COBRA premiums deductible? Yes they are tax deductible as a medical expense. There isn't necessarily a “COBRA Tax Deduction”. You can only deduct the amount of COBRA medical expenses on your federal income tax in excess of 7.5% of your Adjusted Gross Income and then only if you itemize deductions.