COBRA Election Deadline After a Layoff
COBRA runs on three separate clocks — electing, paying the first premium, and paying every premium after that. Missing any one of them ends the coverage.
How long do I have to elect COBRA after a layoff?
You have at least 60 days to elect COBRA, counted from the later of the date your coverage ended or the date you received the election notice. Once you elect, the plan cannot require your first payment sooner than 45 days after your election date, and that payment covers the whole retroactive period. After the first payment, each premium is timely if paid within 30 days of its due date.
Because coverage is retroactive to your coverage-loss date, you can use the election window to compare COBRA against a Marketplace plan before committing. The exact dates that bind you are the ones printed on your own election notice — the rules below are federal minimums that a plan may improve on but not undercut.
- Estimated time
- 6 minutes
- Cost / impact
- Free
- What you need
- Your COBRA election notice
The three COBRA clocks
Most people who lose COBRA lose it on the second or third clock, not the first. The election is the one everybody knows about; the payment deadlines are the ones that quietly end coverage.
| Clock | Federal minimum | What starts it | If you miss it |
|---|---|---|---|
| Election window | At least 60 days | The later of your coverage-loss date or the date of your COBRA election notice | You lose the right to elect continuation coverage |
| First premium | No sooner than 45 days after you elect | The date you make your COBRA election | The election can be voided and coverage never takes effect |
| Later premiums | Timely if paid within 30 days of the due date | Each premium due date set by the plan | The plan may terminate coverage, usually without reinstatement |
Federal minimums under 26 U.S.C. §4980B(f). These are federal minimums. A plan may give you longer than these periods but cannot give you less, so the dates printed on your own election notice govern.
Why your 60 days may start later than you think
The election period does not simply begin on your last day of work. It ends no earlier than 60 days after the later of the date coverage would be lost and the date the plan sent your election notice. Two administrative steps sit in between, and both take time:
- Your employer generally has 30 days to notify the plan administrator of the qualifying event.
- The plan administrator then generally has 14 days to send you the COBRA election notice.
So a notice arriving six weeks after your coverage ended is not necessarily late, and it does not cost you election time — the clock runs from that notice. What it does mean is that you may be uninsured on paper while you wait. That gap is covered retroactively once you elect and pay, but it is a real risk in the meantime.
An example timeline
Illustrative dates only, using the federal minimums. Your own notice governs.
| Date | What happens | Why it matters |
|---|---|---|
| 31 Aug | Employer coverage ends | The qualifying-event date the retroactive period runs back to |
| 14 Sep | Employer notifies the plan administrator | Within the employer's 30-day window |
| 25 Sep | Election notice arrives | Within the administrator's 14-day window — and this is the date your clock runs from |
| 24 Nov | Election deadline | 60 days after the later date (the notice), not after 31 Aug |
| 10 Nov | You elect COBRA | Any date inside the window works |
| 26 Dec | Earliest the first premium can be due | 45 days after the election date — and it covers Sep, Oct, Nov and Dec retroactively |
| Monthly after | Each premium due, plus a 30-day grace period | The clock most people lose coverage on |
Waiving COBRA — and changing your mind
You can decline COBRA and then revoke that waiver, provided you are still inside the election period. The catch is what you get back: after revoking a waiver, coverage typically begins from the date you revoke rather than running all the way back to your coverage-loss date. The retroactive protection is the thing a waiver costs you.
If you are weighing a Marketplace plan, you do not need to waive COBRA to shop. Compare first, elect later in the window if COBRA wins, and keep the retroactive coverage intact. See the COBRA vs Marketplace calculator for the cost side of that decision.
How this interacts with Marketplace special enrollment
Losing job-based coverage opens a Marketplace special enrollment period, generally 60 days, and it runs alongside your COBRA election window rather than replacing it. Three things are worth knowing before you choose:
- Electing COBRA does not permanently close the Marketplace door — but voluntarily dropping COBRA outside Open Enrollment usually does not create a new special enrollment period.
- Exhausting COBRA — running it to the end of its maximum period — does open a special enrollment period.
- A Marketplace premium tax credit depends on your projected annual household income, and taxable severance counts toward it. See the special enrollment guide.
What to do this week
- 1Find your COBRA election notice and write down three dates from it: the election deadline, the coverage-loss date, and the premium due date.
- 2If the notice has not arrived, contact HR or the plan administrator in writing — your clock runs from the notice, so document when it came.
- 3Get a Marketplace quote before you elect, so you are comparing real numbers rather than assumptions.
- 4If you elect COBRA, calendar the first-payment date and every monthly due date, plus the 30-day grace period.
- 5Keep proof of your election and every payment — a dated copy of the form and the payment confirmation.
Frequently asked questions
How long do I have to elect COBRA?▼
At least 60 days. The election period must run at least 60 days, and it ends no earlier than 60 days after the later of two dates: the date your coverage would end because of the qualifying event, or the date the plan gives you the COBRA election notice. Because it is the later of the two, a notice that arrives weeks after your coverage ended pushes your deadline out — it does not shorten it.
When does the 60-day COBRA clock actually start?▼
Not necessarily on your last day of work. It starts on the later of your coverage-loss date or the date of your election notice. Employers generally have 30 days to tell the plan administrator about the qualifying event, and the administrator then generally has 14 days to send you the election notice, so the notice often arrives well after coverage ended. Use the dates printed on your own notice.
When is the first COBRA premium due?▼
A plan cannot require your first payment sooner than 45 days after the day you made your COBRA election. That is a floor on the plan, not a target for you — the payment covers the whole retroactive period back to your coverage-loss date, so it is usually the largest single payment you will make.
What happens if I pay a monthly COBRA premium late?▼
After the initial payment, a premium is treated as timely if it is made within 30 days after the due date, or a longer period if the plan allows one. Miss that grace period and the plan can terminate your continuation coverage, and it generally does not have to reinstate it.
Is COBRA coverage retroactive?▼
Yes. When you elect and pay within the windows, coverage is reinstated back to the date your employer plan ended, with no gap. That is what makes it possible to wait, compare a Marketplace plan, and still elect COBRA later in the window — though any care you receive in the meantime is at your own risk until you have elected and paid.
Can I waive COBRA and change my mind?▼
Generally yes, as long as you are still inside the election period. A waiver can be revoked before the election period ends, in which case you elect COBRA at that point — but coverage then typically runs from the date you revoke the waiver rather than all the way back to your coverage-loss date. Confirm the treatment with your plan administrator in writing.
How does the COBRA deadline interact with the Marketplace special enrollment period?▼
They run in parallel, and both are generally 60 days. Losing job-based coverage opens a Marketplace special enrollment period, and you also have your COBRA election window. Electing COBRA does not close the Marketplace option, but once you are on COBRA, voluntarily dropping it outside Open Enrollment usually does not create a new special enrollment period. Exhausting COBRA does.
Sources & methodology
- 26 U.S.C. §4980B(f)(5) — election period — Office of the Law Revision Counsel, U.S. House of RepresentativesThe 60-day election period and the 'later of' start date. · Last verified Aug 26, 2026
- 26 U.S.C. §4980B(f)(2)(C) — payment of premiums — Office of the Law Revision Counsel, U.S. House of RepresentativesA plan may not require the first premium before 45 days after the election. · Last verified Aug 26, 2026
- 26 U.S.C. §4980B(f)(2)(B)(iii) — timely payment — Office of the Law Revision Counsel, U.S. House of RepresentativesA premium is timely if paid within 30 days after its due date. · Last verified Aug 26, 2026
- An Employee's Guide to Health Benefits Under COBRA — U.S. Department of Labor, Employee Benefits Security AdministrationEmployer and plan-administrator notice timeframes, and retroactive coverage. · Last verified Aug 26, 2026
- Losing job-based coverage — special enrollment — HealthCare.gov, Centers for Medicare & Medicaid ServicesThe Marketplace special enrollment period and how it interacts with COBRA. · Last verified Aug 26, 2026
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