Term'd EE not solicited for COBRA

If an employee is terminated and not solicited for COBRA before the deadline to enroll, what should he do? He didn't think to call to check on this b/c he is new to the job market and was unaware that he had this option.

Comments

  • 3 Comments sorted by Votes Date Added
  • He should contact his former employer to find out WHY he didn't receive the COBRA paperwork. The employer has a responsibility to ensure this paperwork is sent to the employee within 15 days of the date insurance terminated or face fines, per day, for not getting this paperwork to the employee.
  • >He should contact his former employer to find out WHY he didn't
    >receive the COBRA paperwork. The employer has a responsibility to
    >ensure this paperwork is sent to the employee within 15 days of the
    >date insurance terminated or face fines, per day, for not getting this
    >paperwork to the employee.


    Isn't there an additional 30 days added to the "notification" deadline if a TPA handles COBRA for the employer?
  • There are cases out there suggesting that the 60 days to elect COBRA cannot run until the employee knows the options and prices. Thus, the clock does not start to tick until the employer sends notification. Many employers would be inclined (and properly so) to simply let the former employee elect COBRA rather than dealing with the issues that failure to notify can bring about.
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