Is it too late to provide an employee with a COBRA election notice if she was terminated more than 45 days ago? Does her election period begin at the time she receives notice even though it is a late notice?
Her election period begins with the date the notice is sent so yes, she would have an additional 60 days to elect COBRA. As far as whether or not the notice should be sent, YES send the notice immediately. I believe the fine is in the area of $100.00 per day for failing to provide this notice.
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