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| Can an employer deny COBRA continuation? |
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Q: My husband just quit his job as a plumber in the union and is going to a non-union employment in the same field. He does not get medical coverage for 30 days at his new job, is it right that his old employer said he does not qualify for COBRA because he left to work for another employer? It says it does not meet the criteria for a qualifying event, is that right or not?
A: If an employer has more than 20 employees they are required to provide you with COBRA continuation of the group health policy. They must offer the employee the continuation even when the employee leaves for another job.
These events apply to the covered employee and their dependants that are covered under the group policy.
1. Voluntary or involuntary termination of employment (unless due to gross misconduct)
2. Your working hours have been reduced
These events apply to covered spouses and the dependants.
1. Death of employee.
2. Divorce or legal separation.
3. Loss of dependant status, or when a child comes off of employees insurance due to age or school status.
4. Employee is entitled to Medicare benefits
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