Outten & Golden attorneys frequently negotiate improved COBRA benefits as part of a package of severance benefits or as benefits in executive employment agreements
A federal statute known by its initials, COBRA allows most former employees to remain covered under an employer's health insurance plan, but they will usually have to pay more for it than they did while employed. Under COBRA the former employee is responsible for the entire premium for her health insurance, including both the portion of the premium that she paid during her employment and any portion that her employer paid. For example, if during her employment an employee paid $250 per month and her employer paid $300 per month for her health insurance, under COBRA the employee would pay $550 per month for her health insurance and her former employer would pay nothing. The former employee will probably also have to pay an extra 2% of her premium as an administrative fee.
COBRA is not mandatory for the employee; in fact, an employee does not have COBRA coverage unless she actively signs up for it. Employers and insurance plan administrators are required to provide a departing employee with documents about COBRA within 44 days of the end of an employee’s employment; then the former employee generally has up to 60 days to decide whether she wants COBRA coverage. COBRA coverage generally lasts for up to 18 months; after that, the former employee will no longer be eligible for her ex-employer's health plan.
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A claim may arise under COBRA when a former employee cannot obtain COBRA benefits because the former employer or plan administrator does not send the necessary documents within 44 days or does not make the same benefits available to COBRA recipients that are available to current employees, among other violations. Issues regarding the right to COBRA benefits may also arise in the context of separation and termination agreements. In addition, if an employee has been terminated as part of a mass layoff or company shutdown, her right to the value of lost health insurance benefits may be protected by the WARN Act.
The coronavirus outbreak has changed work situations for millions of people throughout the United States, and many employees have questions about their workplace rights. We’ve prepared a set of FAQs to explain how federal, state, and local laws can protect your job, your wages, and your livelihood, and you can contact us any time to discuss your situation.The Consolidated Omnibus Budget Reconciliation Act—which is commonly referred to as COBRA—requires the continuation of health insurance for certain employees who have lost their jobs or experienced reduced hours. Eligibility for COBRA benefits requires employees to meet certain qualifying conditions. If employees meet the requirements, their employers must comply with COBRA requirements.
If you are having a hard time getting your employer to enforce your COBRA benefits, it’s a good idea to speak with a trusted employment lawyer. An experienced attorney can examine all of the factors surrounding your situation and help ensure your rights are protected. Here is some important information to know about COBRA benefits in Kansas City.
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US employers who employ more than 50 full-time workers are typically required to provide health insurance to eligible employees by covering part of their insurance premium. Sometimes, employees become ineligible to receive an employer’s health insurance benefits. This can happen for a number of reasons, such as falling below a minimum number of hours or getting fired. In these scenarios, the employer may stop paying their portion of the employee’s insurance premiums.
In these situations, COBRA benefits allow an employee and their dependents to continue being covered by their insurance for a certain time frame. However, they must pay their own insurance premiums. Under COBRA, former employees and their spouses and children must be provided with the option of continued health insurance coverage at group rates. While this rate will likely be higher than the price they paid as an employee, COBRA coverage is usually less expensive than an individual insurance plan.
If you believe that your employer is failing to comply with COBRA benefits, it’s essential to speak with someone with intimate knowledge of COBRA and the requirements and eligibility surrounding continued health coverage. Seeking legal advice from a trusted Kansas City employment lawyer is the best way to determine if your employer is failing to comply with COBRA requirements.
How A Lawyer Can Help You Negotiate Your Employment Agreement
At the Hollis Law Firm , our highly skilled Kansas City employment lawyer is extremely knowledgeable about COBRA rights and is committed to helping ensure eligible employees retain their health benefits. Our experienced employment attorney is dedicated to holding employers throughout Kansas City accountable for failures to uphold COBRA benefits. To see if you can pursue civil penalties against your employer, contact the Hollis Law Firm at (800) 701-3672 or fill out our online contact form to schedule a free consultation.
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At the Hollis Law Firm , our highly skilled Kansas City employment lawyer is extremely knowledgeable about COBRA rights and is committed to helping ensure eligible employees retain their health benefits. Our experienced employment attorney is dedicated to holding employers throughout Kansas City accountable for failures to uphold COBRA benefits. To see if you can pursue civil penalties against your employer, contact the Hollis Law Firm at (800) 701-3672 or fill out our online contact form to schedule a free consultation.
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