Law Effective July 1, 2018

Virginia has amended its mini-COBRA law to exclude covered employees terminated for gross misconduct. Additional details are presented below.

Amended Law
Effective July 1, 2018, mini-COBRA is not available to an individual whose eligibility for coverage under the group policy ceased because the individual was discharged for gross misconduct.

Gross misconduct means any conduct connected with the individual’s work that would constitute misconduct under Virginia unemployment law, including deliberately and willfully engaging in conduct that demonstrates a complete disregard for the employer’s workplace standards and policies. Click here for more.

Virginia generally requires employers to provide the right to continue coverage for up to 12 months when a person becomes ineligible for coverage under a group health insurance policy. Mini-COBRA is only applicable to employers that are not subject to federal COBRA (generally those with fewer than 20 employees). Click here for more, including details on eligibility.

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