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What defines twenty employees?


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Posted by Margery on October 13, 2004 at 06:44:50:

I have a question: How is "twenty employees" defined under COBRA ?
Last year I helped start a health care company and we had exactly twenty employees counting in a full-time employee who was an independant contractor but who was paid by the same payroll account. Also, the owners and co-owners were counted in that tally.An additional center was in the works with two employees floating between centers.
I was laid off in September 2003, and I asked to continue my benefits. Since that time I have worked for them off and on. (I am a nurse). This September was 1 year that I have paid into my benefits and was told that they will only cover me for 1 year. In fact, I went to the drugstore to fill a medication and found out that my coverage had been dropped as of Sept 26, 2004!
The company is extremely disorganzied and there is a very heavy turn over of employees. If an employees census falls below an average of twenty through out the year does that mean I can no longer be covered for a total of 18 months or 6 months more???? Or did I qualify for it when they had tweny employees when I was first there? The interpretation of the COBRA laws are difficult to understand!
Additionally, I was never given an COBRA notification or paperwork of any kind. Are they COBRA exempt?
In Dec of 2003 I got sick and in March 2003 I had to be hospitized for a rare autoimmune disorder called Still's Disease so insurance is a BIG priority for me.

What are my rights and are they obligated to offer me 6 more months of benefits that I will gladly pay? To go to an individual policy would be extremely pricey and would I have a pre-existing condition??
Sorry this is so long--thanks for your responses!




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