COBRA

[Guest Mary DeMarco]

Do the COBRA guidelines require that you extend Employee Assistance Plan (EAP)benefits?

[Linda]

It depends on the type of benefits available under the EAP. Most EAPs are subject to COBRA (which is not a sensible result in many situations). I sent a comment on the COBRA regs to the IRS proposing a couple ways to carve out EAPs. If you agree, maybe you can write the IRS too.