What should employers be doing right now?
The first item is to determine which employees have terminated from your organization since Sept. 1, 2008. From this list, identify how many “involuntarily” terminations have occurred. If the DOL model notice is not yet available, prepare a communication piece that notifies all qualified employees of a “second chance” to elect or restart COBRA coverage (in the case of those who began and then ended their COBRA coverage) or to begin receiving the subsidy. This notice should be mailed to all individuals who had a qualifying event since Sept. 1, 2008, with language outlining the eligibility parameters. This means that just because a person receives this notice, they are not necessarily “eligible” for the subsidy. When and if someone applies for the subsidy, you will then need to make a proper determination of whether the separation was voluntary or involuntary.
