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COBRA requirements Minnesota

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  • COBRA requirements Minnesota

    My sister in law is leaving her current job and she is one of 4 employees. I know that an employer needs at least 20 employees in order to be subject to COBRA, but is there anything in fine print that I am missing that may make her eligible for continuation of her health benefits? Or is this something only her plan summary can address?

  • #2
    At the Federal level no, you're not missing anything, unless there was a REALLY big downsizing and they were COBRA-eligible for the majority of last year.

    But at the state level, there is a requirement that all employers who offer group health insurance and have more than two employees provide up to 18 months of coverage. (Special exceptions apply in the case of disability, and for dependents in case of divorce or death.)

    The employer has ten days from termination of coverage to notify her and she has 60 days from termination of coverage or receipt of employer's notice , whichever is later, to accept it.

    MN Stat. Ann. 62A.17

    edited to add: I have no information as to what the employer can charge her for the coverage.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thanks cbg!

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      • #4
        re the cost - her employer can require that she pay the entire premium for the coverage including any contribution formerly provided by the employer. The employer may charge a 2% administrative fee, making the total cost 102% of the coverage costs. (state Mn.)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Thanks, Betty! So it's essentially the same as COBRA with reference to cost.

          See, I knew you were a better researcher than I am!
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Yep - same as COBRA. http://www.health.state.mn.us/divs/hpsc/mcs/cobra.htm
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Thanks Betty!

              I have an add on to my original question. Because there were only 4 employees (including her), do they have to abide by the exemption laws? She was paid around 360 per week and they never paid her overtime (no matter how many hours over 40 in a week she worked, they only sent 80 hours to the accountant for her biweekly paycheck). However, if she missed work, they docked her pay.

              I was also under the impression that they had to post how many hours she is getting paid for on all of her check stubs. Then entire time she's worked there, all her stubs do not show hours (but thank God they show the taxes taken out).

              This company gives me a headache every time I think about them.
              Last edited by JulieBean; 04-30-2007, 09:48 AM.

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              • #8
                It's not how many employees they have that determines whether they are exempt from the FLSA, it's what their annual gross revenue is per year and whether they engage in any interstate commerce.

                If their annual gross revenue is under $500,000 AND (not or) they engage in no interstate commerce whatsoever (not so much as a phone call is made to or a pencil is bought from outside the state) then they are exempt from the FLSA. Not otherwise.

                I'll have to let someone else address the hours on the paystubs issue. That's a matter of state law and I don't have a listing for that.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  Yes, they have clients out of state, so they do business interstate. I need to stop questioning myself all the time! But better safe than sorry.

                  I was pretty sure in MN they need to post hours, but I can't find the statute. But thanks for your help with the FLSA cbg!

                  Comment

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