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How long does an employer have to send a terminated employee information on COBRA? Can someone sue if the past employer forgets?

Naugatuck, CT |

I was terminated from employment on February 3, 2013. My AETNA coverage ended on March 31, 2013. Does the employer have a certain amount of time to provide COBRA? Will the effective date be the termination date or the date the insurance ended? What can I do if I never get the COBRA?

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Attorney answers 1


Your employer has thirty (30) days from the qualifying event (i.e. your termination) to notify your group health plan. The group health plan then has fourteen (14) days to notify you of your right to continuation of coverage under COBRA. If you have not received this notice, you should contact your group health provider. Also, keep in mind that if you made any address changes or failed to notify the group health provider of address changes, you may have missed the COBRA notice. I am including a link on COBRA coverage and the applicable procedures for your reference.

Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.

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