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COBRA: Protecting Worker’s Rights and Health Benefits

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COBRA Requirements

One of the main requirements of COBRA is that under certain conditions, group health plans offered by employers with at least 20 workers (the year before leaving a job) you are entitled to a temporary plan extension. This “continuation coverage” is available to employees and their families for private sector plans as well as state and local government plans.

Keep in mind that you may be responsible for paying up to 102% of the plan cost. Even though your plan will cost more than when you were an active employee, it’s still cheaper than the common individual plan.

Eligibility for Continuation Coverage

You may be covered by COBRA if you and your family lose group health coverage as a result of several factors. Whether your employment ends by your choice or involuntarily, as long as the reason isn’t gross misconduct, you may be eligible for continuation coverage. Here are other ways you and your family may qualify as a former employee, or if your work schedule is cut:

  • you have become eligible for Medicare 
  • employee death, divorce or legal separation
  • your status as a dependent has ended

Your continuation coverage will be for a limited period of up to 18 months, depending mainly on why you lost your health coverage. In some cases, coverage may be extended for an additional 18 months. The Department of Health and Human Services administers COBRA provisions for state and local government health plans.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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