Legal Question in Employment Law in Georgia

cobra rights

I was laid off of my job as of 7/31/00 and given a Cobra letter from my employer explaining my rights to sign up for Cobra medical benefits within 45 days.

I have now received a letter from the benefits carrier stating my benefits have been cancelled by my employer as of 7/31/00 (the employer has stopped paying the carrier for my medical benefits). Therefore I been without benefits since 7/31/00.

Is the employe not legally responsible to keep paying for my benefits until I decide (or get another job) within the 45 day Cobra "grace" period?


Asked on 8/22/00, 10:33 am

1 Answer from Attorneys
Ms. Tran Lankford Tran Lankford, Attorney at Law

No Such Luck

If you do choose COBRA coverage, you are the person responsible for paying that premium, not your employer. Once you choose COBRA and pay the premium, the effective date of the new insurance enrollment will be retroactive to the date of termination. What may usually happen is especially with an HMO involved is that the employer will collect the insurance premium from the employee and forward it along with its normal insurance premium to the insurance company. Most company usually have what is normally called a Plan Administrator who handles the health insurance administration for the companies.

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Answered on 10/06/00, 12:22 pm


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