Can I Have Cobra Coverage If I Am on Strike From My Work?

When workers lose their health care benefits they can choose to continue these health benefits through their group health plan. The Consolidated Omnibus Budget Reconciliation Act, better known as COBRA, provides this right.

  1. COBRA Coverage During a Strike

    • Employees that take part in a strike are entitled to health benefit coverage under COBRA. Also, if a union goes on strike and you are part of management and covered under the union health insurance plan, you will still be entitled to COBRA.

    Cost

    • Prior to losing health care coverage, the employee and employer typically split the monthly premiums. In the event of a strike, an individual on COBRA will pay up to 102 percent of the monthly premium, and the employer may no longer pay any part of the payment.

    Strike and COBRA Court Case

    • In October 2006 when Marathon Petroleum's employees went on strike, the management at Marathon did not recognize the strike as a qualifying event for COBRA coverage. The employees' union filed for a temporary restraining order, stopping the discontinuation of health coverage. Because Marathon did not follow the rules regarding a strike and offer COBRA, the court granted a temporary restraining order, and Marathon had to pay $20,000 for the security of the temporary restraining order.

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