Q: If I stop working does my boss by law have to offer me COBRA I have been told by the secretary they do not have to.
A:If the employer has less than 20 employees they may choose to provide group continuation coverage to an employee.They are not subject to COBRA laws.The employer is no longer responsible for paying; it will now be the employee’s responsibility for paying the entire cost of the insurance.Some states offer a Mini-COBRA for employers with less than 20 employees.A state issued mini-COBRA is similar to Federal COBRA and each state has their own requirements and rules.
Also, under COBRA law an employee that was let go for “gross misconduct” does not qualify for COBRA.
If your employer has more than 20 employees and you were not let go for “gross misconduct” then they are required under COBRA law to offer you COBRA continuation.If your employer does not comply then you need to contact the US Department of Labor at 1-866-487-2364
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