I was laid off/terminated from my job 4 weeks ago. I still haven't received any info on COBRA, although I've requested it from HR 3 times so far. The HR person keeps delaying. I think I need to apply within 60 days of my last date of work. Is there some reason they wouldn't want to give me info on COBRA? Is there a state or federal agency that regulates COBRA that I should contact?
Employment / Labor Attorney
Generally, the employer has thirty (30) days after your termination to notify the health plan administrator of the qualifying event for COBRA. Then, you should be sent a COBRA election notice within fourteen (14) days after the plan administrator receives notice. Once you receive your election notice, you will have sixty (60) days to decide whether to elect COBRA coverage. These are the general timeframes for notice.
In your situation, it could be that the employer is just now, or just recently, notified the plan administrator of your lay off/termination (if you are still within 30 days). Presumably, if that is the case, then you should be getting your notice in a couple of weeks. I do not know why they would delay - unless they just don't know what the process is.
If your company has 20 or more employees, then the federal agency that deals with COBRA notice issues is the U.S. Department of Labor. If your company has less than 20 employees, and you are in CA, then Cal-COBRA applies to you and the agencies you can contact are either the California Department of Insurance, or the CA Department of Managed Healthcare.
Information provided on this website is not legal advice, nor should you act on anything stated in this article without conferring with the Author or other legal counsel regarding your specific situation. No attorney-client relationship is created by this website.
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