cobra and benefits

[proach]

What is the name of your state? texas
i was laid off april 11, 2003. when i was hired, i was given 2 weeks vacation to commence immediately. when i received my final paycheck, only after requesting it, it did not have any vacation pay included. i sent a letter to my employer requesting it and have not received a response. do i contact the labor board if i do not receive it. also, it has been two months and i still have not received anything in regards to cobra. how long do they have to send me the information? what steps should i take to try to get the vacation due and the information to obtain cobra since i no longer have insurance and will probably be subject to pre-existing clause when i do obtain it. does the previous employer have any responsibilty in regards to the pre-existing when i obtain new insurance. i have called and left messages numerous times with no response. what is the best and legal way to handle this?

 

[cbg]

Although I don't have my source material handy, if I recall correctly the state of Texas does NOT require that earned but unused vacation be paid out at termination unless there is a specific company policy to that effect. The DOL would be the agency to go to IF such a policy exists; if it doesn't, the company has no obligation to pay it to you at all.

Depending on whether they self-administer their COBRA or use a third party, they have either 14 or 44 days from the last day of insurance coverage (which may or may not be the same as the last day of employment; many policies automatically continue coverage until the last day of the month after termination) to send you the information. If they exceed that, the place to go is the Federal DOL.

 

[Beth3]

proach, assuming you need and want to take the interim coverage, do give the employer a call and ask about the COBRA notice. No, you shouldn't have to do that but that's certainly the quickest way to get what you need. If you still don't get it, then by all means file a compaint with the federal DOL.

If you do take COBRA and continue insurance until you obtain new employment and group insurance, when you provide a "certificate of credible coverage" (which must be sent to you by the former employer or their insurance carrier), any pre-x limitations will not apply to you.