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COBRA vs. Cal-COBRA: What California Employers Should Know

  • Writer: epiainsurance
    epiainsurance
  • May 12
  • 2 min read

When an employee leaves or loses their job, one of the first concerns they have is: “Can I keep my health insurance?” That’s where COBRA and Cal-COBRA come in. While they may sound similar, there are key differences California employers must understand to stay compliant and support their former employees properly.

🧾 What Is COBRA?

COBRA (Consolidated Omnibus Budget Reconciliation Act) is a federal law that allows employees and their dependents to continue their employer-sponsored health insurance after a qualifying event, such as:

  • Job loss (voluntary or involuntary)

  • Reduction in work hours

  • Divorce or legal separation

  • Death of the covered employee

COBRA applies to private-sector employers with 20 or more employees and typically provides 18 months of continued coverage (sometimes longer in special cases).


🏛️ What Is Cal-COBRA?

Cal-COBRA is California’s version of COBRA, created to fill the gap for smaller employers and extend coverage further for eligible individuals.

  • It applies to employers with 2–19 employees.

  • It can also extend coverage after federal COBRA expires, offering up to 36 total months of continuation.


⚖️ Key Differences for Employers

Feature

COBRA

Cal-COBRA

Jurisdiction

Federal

California State Law

Employer size

20+ employees

2–19 employees OR post-COBRA extension

Coverage period

Typically up to 18 months

Up to 36 months (18 federal + 18 state)

Administration

Employer is responsible

Insurance carrier typically administers

Notification duties

Employer must notify

Carrier notifies (but employer may assist)

💡 When Does Cal-COBRA Come Into Play?

  • If your company has fewer than 20 employees, only Cal-COBRA applies.

  • If your company offers COBRA and the employee exhausts their 18 months, Cal-COBRA can extend coverage for another 18 months.

  • Cal-COBRA is also useful for employees who miss the federal COBRA deadline but qualify under state rules.


💼 What California Employers Should Do

  1. Know Your SizeDetermine if you fall under COBRA or Cal-COBRA based on your employee count.

  2. 🧾 Maintain Accurate RecordsEnsure termination and coverage dates are clearly documented.

  3. 📢 Provide Timely NotificationsCOBRA notices must be given within 14–44 days depending on the qualifying event.

  4. 🤝 Work with Your Carrier or BrokerEspecially with Cal-COBRA, carriers often manage the process—but employers should be ready to guide employees.

  5. 🧠 Educate Departing EmployeesHelp former employees understand their options, deadlines, and cost responsibilities. This can leave a positive final impression of your business.


📍Final Thought

Whether you’re a growing small business or an established company with dozens of employees, understanding COBRA vs. Cal-COBRA is essential. Navigating the legal obligations while caring for your team—even after they’ve moved on—shows leadership and compliance.


Need help managing COBRA or Cal-COBRA communication for your company?

Contact EPIA today for expert support and compliance guidance.

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