What if an employee covered under the spouse’s group health plan loses his or her spouse because of pandemic influenza and the spouse’s employer agrees to pay the premiums for health coverage for 12 months. What effect will that have on any future eligibility for continuation health coverage under COBRA?

Answer:

If this situation arises, the employee should ask the spouse’s employer for more information.  The employer could be:

• Making this offer of paid coverage only if COBRA coverage is declined.  In this case, if the employee elects paid coverage for 12 months, he/she will be ineligible for COBRA coverage, which is more expensive, but lasts longer.
  
  
• Paying the first 12 months of COBRA coverage.  In this case, the employee will be able to continue coverage at his/her own expense for up to 24 additional months.
  
  
• Delaying the loss of coverage so that the employee will be able to have COBRA coverage at his/her own expense for up to 36 additional months.

Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Workplace Frequent Questions by Category:

• Human Resource Policies and Pandemic Planning

• Equal Employment Opportunity (EEO) and Privacy Issues

• Workplace Benefits

• Workplace Safety and Health Issues

• Unemployment Issues and Financial Assistance

• Private Sector Workplace Issues

Last Updated: 01/25/2008