We have an employee who is on FMLA to receive an organ donation and the leave is expiring soon. At what point do we offer the employee COBRA, and for how long?
It is generally required by employers to offer health care coverage under COBRA law when the employee is:
- No longer eligible to receive benefits of employer-provided group health plan
- No longer protected by federal or state leave laws
It is common for employee coverage eligibility to expire after 12 weeks of leave under FMLA and any additional leave where the employer is reasonably accommodating the employee under the Americans with Disabilities Act.
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