Resource Aid Center

7 min read · Last updated August 10, 2026

In this article

• The moment it happens
• The first 24 hours: find the actual notice date
• The three deadlines stacked on top of each other
• The mistake that costs people their coverage window
• What to do at 30, 60, and 90 days
• FAQ

The moment it happens

Your employer told you Friday was your last day. You expected a COBRA packet in the mail within a couple of weeks. COBRA (the Consolidated Omnibus Budget Reconciliation Act) is the federal law that lets you keep your same employer health plan after you leave a job, at your own cost instead of a subsidized one. Six weeks later, nothing has arrived, and you’ve started telling yourself the window already closed. It hasn’t. Not yet, and possibly not for a while.

The first 24 hours: find the actual notice date

Before assuming anything about your deadline, find two dates: the date your group health coverage actually ended, and the date the plan administrator sent (not printed, sent) the COBRA election notice. If a notice already arrived, check the postmark or the mailing date on the letter itself, not the date typed at the top. If nothing has arrived, call the plan administrator (often the employer’s HR department or a third-party COBRA administrator) and ask directly whether a notice was sent and when.

This matters because federal law defines your election period around whichever of these two dates comes later. 29 U.S.C. § 1165(a)(1) sets the election period to end “not earlier than 60 days after the later of” the date coverage terminates, “or… the date of such notice.” If the notice never went out, that second date hasn’t happened. Your 60 days hasn’t started counting down.

The three deadlines stacked on top of each other

There are actually three separate clocks here, and understanding all three tells you whether your notice was late.

Clock 1, employer to plan (30 days): If the employer isn’t the plan administrator itself, it has to notify the plan of your qualifying event. Federal regulation sets this at “not later than 30 days after the date on which a qualified beneficiary loses coverage” (29 CFR § 2590.606-2(b)).

Clock 2, plan to you (14 days, or 44 combined): The plan administrator then has 14 days to send you the actual election notice, per 29 CFR § 2590.606-4(b): “not later than 14 days after receipt of the notice of qualifying event.” Stack that on top of Clock 1, and the outer limit is 44 days from your last day of coverage. Many employers are also the plan administrator. In that case, the regulation collapses both steps into a single 44-day deadline from the qualifying event itself.

Clock 3, your election period (60 days from the later date): Once the notice actually arrives, you have 60 days from whichever is later, the coverage-termination date or the notice date, to elect coverage.

Put a number on it. If you were laid off on day 0 and the notice should have arrived by day 44 but actually arrived on day 90, your 60-day window doesn’t start until day 90. It runs to roughly day 150, not day 60. A defective notice makes your deadline later, not sooner.

The mistake that costs people their coverage window

The mistake almost everyone makes is assuming the 60 days started on their last day of work and giving up on COBRA when they think that window has closed. If your notice was late, or you can’t confirm one was ever sent, don’t assume you’re out of time. Ask the plan administrator in writing for the exact date the notice was mailed. If they can’t produce that date, or if it’s later than you were told, your election window is likely still open.

Cost is the other piece people misjudge. Once you do elect, the plan can charge you up to 102% of the full premium, meaning your former share plus your employer’s former share plus a 2% administrative fee, under 29 U.S.C. § 1162(3)(A). That’s often several hundred dollars a month you weren’t paying while employed, which is exactly why confirming your real deadline matters before assuming you should skip it or that you’ve already missed it.

What to do at 30, 60, and 90 days

By day 30: confirm whether your employer notified the plan of your qualifying event, and if you’re a single-employer plan where HR handles both roles, confirm the notice itself has gone out.

By day 44: if no notice has arrived by this point, that’s the outer limit under federal regulation. Contact the plan administrator directly and ask for the mailing date in writing. This written request becomes your evidence if the notice was defective or never sent.

By day 60 from whichever date is actually later, the coverage-termination date or the real notice date, elect coverage if you want it. Don’t calculate this from your last day of work if the notice arrived later than that; calculate it from the notice date itself.

If you’re keeping a family covered through this transition, our guide to protecting family coverage after a layoff walks through the broader first-72-hours sequence, of which this notice timing is one piece.

Before you sign the election form, price it against the alternative. The ACA Marketplace opens its own 60-day window the same day your coverage ends, and it can run far cheaper than COBRA depending on your income after the layoff.

Frequently asked questions

Does my COBRA deadline really start over if the notice was late? Yes. Federal law defines the 60-day election period as ending no earlier than 60 days after the later of your coverage-termination date or the date the notice was actually provided. If the notice was late, the later date is the notice date, and your 60 days is measured from there, not from your last day of work.

How do I prove when a COBRA notice was actually sent? Ask the plan administrator in writing for the mailing or notice date, and check the postmark on the envelope if you have it. Plan administrators are generally the ones who have to demonstrate proper and timely notice was given, so a written request creates a record even if they’re slow to respond.

What if my employer never sends a COBRA notice at all? Your election period can’t start if no notice was ever provided, since the 60-day clock is defined around the notice date. Contact the plan administrator in writing to request the notice, and keep a copy of that request. If the situation isn’t resolved, that’s worth raising with an employment attorney or the Department of Labor.

Is COBRA coverage really more expensive than what I paid as an employee? Usually, yes. Federal law allows plans to charge up to 102% of the full premium cost, meaning your old paycheck deduction plus what your employer was covering, plus a small administrative fee. It’s the same coverage and network, but you’re now paying the full cost instead of a subsidized share.

Can I still get COBRA if it’s been more than 60 days since I lost my job? Possibly, if the 60-day clock legally hasn’t started yet. Since the window runs from the later of the coverage-termination date or the actual notice date, a delayed or missing notice means more time may still be available. Confirm the real notice date before assuming the window has closed.