Cobra Information in Texas is this legal? What do I do? -

My employer is quite large, over 1000 people. The policies state that a person working 20 hours a week or more qualifies for benefits. I became partially disabled in April. At the end of November, I became fully disabled and am applying for Social Security. In a meeting with me and my disability attorney, my employer said that I have been on COBRA since April. They said that they do not have to notice me since their policy is to pay the first 12 months of premiums. Apparently, there is a policy that states that if you go on disability, no mention of partial, you are put on COBRA. They say that we are told that in orientation and that they do not have to provide notice on the date of the qualifying event. The other interesting note is that they state that the time except time on FMLA is used against you for the COBRA. As fate would have it,since I was only using partial FMLA, my time expired October 31 (they calculate FMLA based on date of hire). Only you can elect COBRA. Your employer cannot do this for you and especially cannot do this without notification. It sounds like they are WAY out of compliance. Speak to an attorney NOW before time expires. Sad thing it's Texas so Big "Money Hungry" Companies get to do what they want... This is what I found regarding COBRA. The last sentence may be of particular interest to you. I really didn't understand your question, but this may help. The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan. COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end. COBRA outlines how employees and family members may elect continuation coverage. It also requires employers and plans to provide notice. You need to talk to an attorney about this.