COBRA's Gross Misconduct Exception | Practical Law

COBRA's Gross Misconduct Exception | Practical Law

An employee's termination for gross misconduct is not a qualifying event for purposes of the health plan continuation coverage requirements under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). As a result, an employee who is terminated for gross misconduct need not be offered the opportunity to elect COBRA continuation coverage. This Practice Note analyzes litigation addressing the scope of COBRA's gross misconduct exception, and the implications for employers.

COBRA's Gross Misconduct Exception

Practical Law Practice Note 0-591-9085 (Approx. 23 pages)

COBRA's Gross Misconduct Exception

by Practical Law Employee Benefits & Executive Compensation
MaintainedUSA (National/Federal)
An employee's termination for gross misconduct is not a qualifying event for purposes of the health plan continuation coverage requirements under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). As a result, an employee who is terminated for gross misconduct need not be offered the opportunity to elect COBRA continuation coverage. This Practice Note analyzes litigation addressing the scope of COBRA's gross misconduct exception, and the implications for employers.