Yes, they are eligible because COBRA does not exclude undocumented workers. All employees are eligible for COBRA continuation benefits under federal law if they participated in a group health plan with an employer having 20 or more employees. The employer is required to offer the same benefits under COBRA as to other similarly situated employees.

The undocumented employee would be able to continue the same benefits he or she had prior to the employment termination as long as those benefits were still available to current employees. If the employee returns to his or her home country, the employer has no obligation to provide benefits or insurance coverage in that country, if not otherwise provided to other employees. Additionally, if the employee’s employment is terminated prior to the employee becoming eligible for and enrolling in the employer’s group health plan, the employee is not eligible for COBRA continuation benefits.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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