COBRA ELEGIBILITY

[Guest Julie Cardinalli]

An employee's effective date for health insurance was August 1. (He had completed his waiting period.) The employee was actively at work on that date. He had not filled out an enrollment form. He has not show up for work since. Is the employee entitled to COBRA benefits?

[Guest BENEFISH]

Julie, maybe your employee will show up for work again after deer season. If employee was covered by plan, then COBRA applies. If he never completed an enrollment form, are you certain coverage was in place? Generally, if coverage is contributory, employees must affirm their desire to participate and to permit contributions to be withheld from their pay. Check eligibility provisions of the plan and plan provisions related to enrollment procedures. If employee was required to "enroll" and did not, then coverage was likely never in effect.

[Guest mls]

Benefish is correct. The key is, was he actually enrolled on that day. If so, COBRA is required. If he had to return the completed form to be covered, then COBRA is not required.