COBRA/FMLA/ERISA

The United States has passed a series of laws over the last several decades that are designed to help protect employees in the case of job loss, medical emergencies and retirement. Dealing with some of these laws can be difficult and time-consuming. The Cochran Firm , with over 25 offices in the United States, will work diligently on your behalf to ensure you receive the benefits to which you are entitled.

What is COBRA?

The Consolidated Omnibus Budget Reconciliation Act, or COBRA as it is more popularly known, was an act passed by congress in 1985 and signed into law by President Reagan designed to ensure employees and their families continuing access to health insurance after changes in their employment status, such as:

  • Voluntary or involuntary job loss
  • Reduction in the number of hours worked
  • Job transitions
  • Life events such as death or divorce

What is FMLA?
The Family and Medical Leave Act, also known as FMLA was an act passed by congress in 1993 and was one of the first acts signed into law by Bill Clinton during his first term. FMLA was passed as a labor law and allows employees up to 12 weeks of unpaid absences:

  • To care for a new child, adoption or biological
  • To care for a seriously ill family member
  • To recover from an illness

In addition, the FMLA requires that upon returning to work, the employer must provide the employee with the same job. If that job is unavailable, the employer must provide the employee with an alternative job that is equal to or higher in pay than the previous job.

What is ERISA?
The Employment Retirement Income Security Act, or ERISA, was an act passed by congress in 1974 and signed into law by President Ford. ERISA creates standards that must be met by all pension and health plan providers. These standards are designed to protect the individuals covered by these plans by:

  • Providing employees with plan summaries
  • Providing employees with a calculation of accrued pension benefits
  • Giving participants the right to sue for benefits and breaches of fiduciary duty