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Frequently Asked Questions - COBRA

COBRA And The Family and Medical Leave Act (FMLA)

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The Family And Medical Leave Act (FMLA) allows an employee for a large employer to unpaid leave from work for up to 12 weeks because of the employee's medical condition or to care for a family member.

Under the FMLA, an employer must maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working.

  • Coverage provided under the FMLA is not COBRA coverage.
  • FMLA leave is not a qualifying event under COBRA so FMLA does not trigger any rights under COBRA.

However, a COBRA qualifying event may occur when an employer's obligation to maintain health insurance benefits under FMLA stops. For example, COBRA rights start if and when an employee notifies an employer of his or her intent not to return to work.

For more information, see Family And Medical Leave Act.

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