The COBRA Notices Employers Must Send, and When
COBRA involves five notices. Knowing which one applies tells you who sends it and how fast.
Employers often know about the election notice and miss the others. This guide lists each notice, who sends it and the regulation behind it.
The Five Notices at a Glance
Each has a sender, a recipient and a deadline.
General notice. The administrator gives written notice to the covered employee and spouse no later than the earlier of 90 days after coverage begins or the first date the election notice would be due, under 29 CFR 2590.606-1.
Employer notice. The employer notifies the administrator within 30 days after a qualifying event such as death, termination, reduction in hours, Medicare entitlement or employer bankruptcy, under 29 CFR 2590.606-2.
Election notice. The administrator sends it within 14 days after receiving the employer’s notice, or within 44 days when the employer is also the administrator, under 29 CFR 2590.606-4.
The Two Notices Employers Forget
Both are in the same regulation as the election notice.
Notice of unavailability. If someone asks for COBRA and is not entitled to it, the administrator must explain why, on the same 14-day or 44-day schedule as the election notice.
Notice of early termination. When coverage ends before the maximum period, the administrator must send notice as soon as practicable. It must state the reason, the termination date and any rights to alternative coverage.
How the Notices Are Delivered
The general notice follows the disclosure delivery rules.
Written and traceable. The regulation requires written notice, and the general notice follows the delivery rules in 29 CFR 2520.104b-1, which include electronic delivery conditions.
Use the model language. The Department of Labor publishes model notice language, so start from it instead of drafting from scratch.
Keep records. Keep proof of the date each notice was sent. It is the evidence of timely compliance.
A Request From an Ineligible Former Employee
Saying no is also a notice.
The facts. A former employee of a 12-employee company asks for COBRA after the company’s plan was exempt as a small-employer plan.
The result. The administrator should send a notice of unavailability explaining why, within the same 14 days that would apply to an election notice.
The takeaway. Silence is not an answer. Send the notice even when the answer is no.
Related Rules and Sources
Where to read the rule in full.
COBRA Notice Deadlines
The 30, 14 and 44 day clocks.
The 20-Employee Threshold
When a plan is exempt.
COBRA Continuation Coverage Law
The rules in full.
29 CFR 2590.606-1, general notice · 29 CFR 2590.606-2, employer notice · 29 CFR 2590.606-4, election notice
We run COBRA so nothing is missed.
We set up who administers COBRA, keep the notices on schedule and check the paperwork before it goes out.
Related pages.
State Continuation and Mini-COBRA
State laws for smaller employers.
Who Is Covered
Which people COBRA protects.
How Long It Lasts
18, 29 and 36 months explained.
What It Costs
What an employer may charge.
The 20-Employee Threshold
Counting to 20.
COBRA Continuation Coverage Law
The federal rules in full.
Questions that come up.
Short answers to the questions we hear most. Each links to the full page.
What COBRA notices must an employer send?
A general notice, an employer notice to the administrator, an election notice, a notice of unavailability and a notice of early termination.
When is the general COBRA notice due?
No later than the earlier of 90 days after coverage begins or the first date the election notice would be due.
What is a notice of unavailability?
A notice explaining why someone who asked for COBRA is not entitled to it.
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