COBRA eligibility

Am I required to give two weeks notice when voluntarily leaving my position in order to be eligible for COBRA benefits?

1 answer  |  asked Jul 24, 2003 11:45 AM [EST]  |  applies to New York

Answers (1)

Nina Kazazian
COBRA eligibility

No. Your eligibility for COBRA does not require that you give two weeks notice. Unless you are terminated for good cause, you will be eligible for COBRA (or continuation of your health insurance under the state statutes) for a certain time period (usually up to 18 months).

Under the federal statute (ERISA, which applies to employers with 20 or more employees), the employer/plan administrator has 30 (or 44 days, if the employer is also the plan administrator) in which to give you written notice of your right to COBRA and the information to allow you to elect that continuation coverage. You then have a limited amount of time to elect and begin paying the premiums.

The statutes (both state and federal) are very specific about the time limits and what information the notice of rights and election of benefits forms must contain. Also, if you elect coverage but do not pay the premium on time, you will lose it forever.

If you have any questions about your rights to continued coverage after you leave, or other employee benefits/employment law questions, please feel free to contact me for a consultation. More info about my practice can be found at www.kazazian.com.

posted by Nina Kazazian  |  Jul 24, 2003 12:45 PM [EST]

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