If an employee who has health coverage through a group health plan is laid off, will the employee be able to elect COBRA continuation coverage for himself or herself and his or her partner? (In this example, although the plan offers domestic partner coverage, the employee did not elect it for his/her domestic partner.)

If the plan is subject to COBRA, the employee should be eligible for COBRA continuation coverage.  The partner would not be a qualified beneficiary under COBRA, however, whether coverage can be obtained for the employee’s partner depends on how often the plan allows active employees to add domestic partners.  In this example, the employee would contact his/her plan administrator for more information.  The employee and his/her partner could also be eligible for special enrollment in a plan sponsored by the partner’s employer, if available.  The employee would contact the partner’s plan administrator to find out.

Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 10/02/2009

• If a worksite closes due to illness, how does an employee locate the plan administrator, or file a claim for benefits or obtain other documents, such as certificates of prior coverage or replacement identification documents?
• If an employer’s place of business closes due to an influenza pandemic, who should employees or retirees contact to file a claim for pension benefits or ask questions about pension payments?
• What if an employee covered under the spouse’s group health plan loses his or her spouse because of the flu and the spouse’s employer agrees to pay the premiums for health coverage for 12 months. What effect will that have on any future eligibility for continuation health coverage under COBRA?
• Are employees still covered by the employer’s health plan if their worksite closes as a result of an influenza pandemic outbreak?
• May an employer access employees’ medical information already in its possession for the purpose of pre-pandemic planning?

• Workplace Questions
  • Workplace Benefits
    • Health Benefits, Health Plans, Health Insurance