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If the qualifying event is the death of the covered employee, divorce or legal separation of the covered employee from the covered employee's spouse, or the covered employee becoming entitled to Medicare, COBRA for the spouse or dependent child lasts for 36 months.
COBRA generally applies to all private-sector group health plans maintained by employers that had at least 20 employees on more than 50 percent of its typical business days in the previous calendar year. Both full- and part-time employees are counted to determine whether a plan is subject to COBRA.
Under COBRA, employers can legally deny coverage if an employee was fired for ?gross misconduct.? You might wonder what the legal definition of ?gross misconduct?is..
Your personnel office is required to provide you and your eligible dependents with an Initial General COBRA Notice of your rights under COBRA within 90 days after group coverage begins. This notice includes information on COBRA Qualifying Events and your responsibility to report certain events when they occur.
If your employer fails to notify the plan, you can contact the Department of Labor (DOL). The DOL fines companies that do not provide COBRA information within the proper time limits. You can also contact the benefits administrator at your previous company to ensure you receive the COBRA paperwork in time.