Q. Do I have to provide a COBRA notice for an employee who is terminated for a positive drug test shortly after starting work? —D.W., Colorado
A. COBRA (the Consolidated Omnibus Budget Reconciliation Act) generally requires that group health plans sponsored by employers with 20 or more employees offer workers and their families the opportunity for temporary extension of health coverage upon termination of employment. But you don't have to offer COBRA coverage when an employee is fired for gross misconduct.
Courts have in some circumstances found alcohol or drug abuse to constitute gross misconduct. Unfortunately, there's no bright line stating that one positive drug test constitutes gross misconduct. Your safest course of action would be to issue a COBRA notice and extend coverage.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/808/gross-misconduct-cancels-cobra-coverage "