Every separation sets off a set of notices.
A layoff can trigger COBRA, WARN, state unemployment and plan-level notices. Here is who gets what.
Who gets what.
Benefits Notices
COBRA notices go to covered employees, spouses and dependent children who lose coverage.
Layoff Notices
WARN notices go to affected employees and certain officials when WARN applies.
State and Plan Notices
Unemployment information, FSA and HSA treatment and plan-specific notices may also apply, depending on state law and your plan documents.
How it plays out.
A separation can set off several notices at once, and they do not all come from the same place. COBRA notices come from the employer and its administrator. WARN notices, where they apply, come from the employer. Unemployment information comes from the employer, and often from the state.
The useful way to think about it is by recipient. Each separated employee, and each covered spouse or dependent, may receive more than one document, so a single checklist per person is easier to follow than one per notice type.
Whatever goes out, keep a copy and a record of when it was sent. If a question comes up months later, those records are the answer.
How we help.
A broker should take work off a smaller HR team, not add to it.
One Checklist
We help turn the notices into one checklist for each separation.
Who Owns What
We help assign each notice to HR, your COBRA administrator or your attorney.
Records Kept
We help keep copies and send dates together, so you can show what was sent.
Build the checklist.
List Each Notice
Write down every notice that could apply to the separation.
Name an Owner
Give each notice an owner: HR, the COBRA administrator or your attorney.
Set a Send Date
Set the date each notice goes out and the date you will confirm it did.
File the Proof
Keep a copy and the send record in one place.
Mistakes that cost money.
Assuming Someone Else Sent It
Without a named owner, a notice can fall between HR, payroll and the administrator.
Treating One Notice as All of Them
A COBRA notice does not satisfy WARN, and the reverse.
No Record of Delivery
A notice that cannot be shown to have gone out is hard to rely on.
Related guides.
Right-Sizing HR After Layoffs: The Benefits Workload
The full picture.
COBRA Notices After a Layoff
A layoff that ends coverage can trigger COBRA notices on set deadlines.
WARN Act: Plant Closings, Mass Layoffs and Employee Benefits
Notice rules and benefits.
Is HR carrying more than it should?
Tell us what changed, and we will show you what to take off the desk.
Your renewal letter
Your census
Your current plan documents
Your renewal date
Rough answers are fine. We build the numbers from there.
Laws and rules referenced
COBRA: ERISA §§ 601-608, 29 U.S.C. §§ 1161-1168
WARN Act: 29 U.S.C. §§ 2101-2109
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