I left my job, my COBRA papers have not come, and I have surgery soon. What are my rights?

Health insuranceSlow or stuckChecked Nov 7, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-07 · Source: U.S. Department of Labor · An Employee's Guide to Health Benefits Under COBRA · Qualifying Event Notice View original ↗

In short

Your employer has 30 days to tell the plan you left.
The plan then has 14 days to send your COBRA notice.
You get at least 60 days to choose, and coverage goes back.

What this means

When your job ends, your employer must tell the plan within 30 days [1]. The plan then must send you an election notice within 14 days after it gets that notice [2]. Group plans at employers with 20 or more employees generally must offer COBRA [3].

You get at least 60 days to choose COBRA. The clock starts on the date of the notice or the date you would lose coverage, whichever is later [4]. The plan can't make you pay when you elect. It must give you at least 45 days after you elect to make the first payment [5].

COBRA coverage generally begins back on the date your job coverage ended, as long as you elect within the election period [6]. Plans at smaller employers may fall under state rules, so check with your state insurance office, and rules in your state may differ [7].

Your next step

Ask your former employer's benefits office when it told the plan, and ask the plan for your election notice [1] [2]. Elect within the election period, which is at least 60 days, and pay within 45 days after you elect [4] [5]. Tell your surgeon's office your coverage status.

Check it yourself

Read your election notice for the exact due dates. Whether the surgeon or hospital will wait for COBRA to be set up is not in these sources — "Don't know yet". Rules in your state may differ. Call the U.S. Department of Labor or your state insurance department.

Where this comes from (7)

[1] U.S. Department of Labor · An Employee's Guide to Health Benefits Under COBRA · Qualifying Event Notice · checked 2026-11-07
The employer must notify the plan within 30 days after the event if the qualifying event is: • Termination or reduction in hours of employment of the employee,
[2] U.S. Department of Labor · An Employee's Guide to Health Benefits Under COBRA · COBRA Election Notice · checked 2026-11-07
After the plan receives notice of a qualifying event, it must provide the qualified beneficiaries with an election notice within 14 days.
[3] Centers for Medicare & Medicaid Services · Understanding COBRA · checked 2026-11-07
Group health plans sponsored by employers with 20 or more employees are generally required to offer COBRA continuation coverage and to notify their employees of the availability of such coverage.
[4] U.S. Department of Labor · An Employee's Guide to Health Benefits Under COBRA · Election Procedures · checked 2026-11-07
Your plan must give you at least 60 days to choose whether or not to elect COBRA coverage, beginning from the date the election notice is provided or the date you would otherwise lose health coverage due to the qualifying event, whichever is later.
[5] U.S. Department of Labor · An Employee's Guide to Health Benefits Under COBRA · Paying for COBRA · checked 2026-11-07
The plan cannot require you to pay a premium when you make the COBRA election. It must provide at least 45 days after you elect COBRA for you to make an initial premium payment.
[6] Centers for Medicare & Medicaid Services · Understanding COBRA · checked 2026-11-07
COBRA continuation coverage will generally begin retroactively on the date a former employee’s active-employer-sponsored coverage ended, as long as the election is made within the allowable election period for COBRA continuation.
[7] U.S. Department of Labor · An Employee's Guide to Health Benefits Under COBRA · checked 2026-11-07
which apply to health plans maintained by employers with fewer than 20 employees. Check with your state insurance commissioner’s office to see if such coverage is available to you.

How we found this

We matched your question to 7 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-07.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

Ask a question Get help with my claim