Who pays for COBRA when an employee is terminated?

Asked by: Penelope Bruen  |  Last update: September 20, 2025
Score: 5/5 (66 votes)

As part of a severance agreement, some employers may subsidize or pay the entire cost of health coverage, including COBRA coverage, for terminating employees and their families.

Who pays for COBRA after termination?

COBRA and Cal-COBRA

COBRA allows former employees, retirees, and their dependents to temporarily keep their health coverage. If you get COBRA, you must pay for the entire premium, including any portion that your employer may have paid in the past.

What is an employer's responsibility for COBRA?

Employer COBRA communication duties

You have to notify covered employees and covered spouses of their initial rights under COBRA when they first join the plan. You have to notify covered persons of their election rights to continue coverage after a qualifying event occurs.

How does COBRA work after losing a job?

COBRA coverage lets you pay to stay on your job-based health insurance for a limited time after your job ends (usually 18 months). You usually pay the full premium yourself, plus a small administrative fee. Contact your employer to learn about your COBRA options.

Do employers ever pay for COBRA?

Yes, an employer can pay all or part of a former or current employee's COBRA premiums.

What Happens to COBRA Benefits after Being Fired? Employer Obligations & Violations Explained

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Who do I pay my COBRA premiums to?

When on COBRA continuation, you'll pay the premium out-of-pocket. Traditionally, the former employer will process the monthly premium payments they receive by mail in the form of a check or money order, made payable to the employer.

Is COBRA part of 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).

Does health insurance end immediately after termination?

Employers aren't required to continue providing health insurance coverage after termination, so most workers lose coverage immediately or at the end of their last month of employment. However, most companies must allow you to stay on your plan through COBRA continuation coverage.

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.

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.

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.

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 is employer's responsibility coverage?

Employers liability ("EL") insurance is insurance that handles claims from workers who have suffered a job-related injury or illness not covered by workers' compensation. It protects employers from potential financial losses due to employee lawsuits related to workplace injuries or illnesses.

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.

What are the rules for COBRA coverage?

COBRA eligibility has three basic requirements that must be met for you to get a continuation of coverage:
  • Your group health plan must be covered by COBRA.
  • A qualifying event must occur.
  • You must be a qualified beneficiary for that event.

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.

What are the disadvantages of COBRA coverage?

COBRA cons
  • 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.

How do you figure out COBRA cost?

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.

How does COBRA work when you leave a job?

COBRA is temporary. It gives you time to find another health plan or covers you until your next employer plan kicks in, like when you start a new job. Federal coverage lasts 18 months but may extend up to 36 months if you have a second “qualifying event.” For instance, a divorce or death of a spouse.

Does COBRA start immediately after termination?

Generous Time to Enroll

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.

What happens to insurance if you get fired?

(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 ...

What happens to your benefits when you get fired?

Employees terminated by an employer have legal rights under federal law. An employee must receive a final paycheck within a certain time frame. They also must have the option of continuing health insurance coverage. They may be eligible for severance pay and unemployment compensation benefits.

What right does the COBRA give workers whose employment has been terminated?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, ...

Who handles severance pay?

Severance pay is a matter of agreement between an employer and an employee (or the employee's representative). The Employee Benefits Security Administration (EBSA) may be able to assist an employee who did not receive severance benefits under their employer-sponsored plan.

Can a fired employee get COBRA?

For “covered employees,” the only qualifying event is termination of employment (whether the termination is voluntary or involuntary) including by retirement, or reduction of employment hours. In that case, COBRA lasts for eighteen months.