What Counts As Proof of COBRA Notice?
When you become eligible for COBRA insurance, your employer is required to send you a notice informing you of your options. Not only are they required to send you notice, they’re required to send this notice to you through the mail and can’t just give it to you – that doesn’t count as notice. However, what happens if the package gets lost in the mail (possible)? What if they only say they’ve mailed it but haven’t actually mail it (not very likely)? What recourse do you have?
Well, according to this explanation, if your (former) company has a system in place for these notices and can show that they’ve sent one out, even if it never reached you, then they are probably off the hook.
If they can’t show that they have a system in place or some sort of proof they mailed it out, then they are in violation and while I’m not sure what that means for you, you can get some sort of resolution since they’ve violated the law.
Rick Higgins said,
March 1, 2007 @ 10:57 am
I was “Layed-off” February 2 2007. Today is March 1, 2007 and I have not received COBRA notification of options from the employer as of yet. I was undergoing therapy treatments for an achilles tendon surgery (for which I had leave as described under FMLA) at the time I was “layed-off”. Twelve days after my discharge I was hospitalized for nearly a week with an infection in the same surgically repaired area and have been on home care for two weeks and may require another two weeks.
I obviously have some issues with the employer. How long do they have to send the COBRA notification? I certainly do not want a lapse in coverage. I have informed the Human Resources director on two separate occasions regarding this issue. He responds that he will check into it each time.
Sincerely,
Rick Higgins
jrhignz@adelphia.net