COBRA Election Deadline: The 60-Day Window, Premiums, and Coverage Start Date

Information checked: 2026-09-10 · Maintenance label: Evergreen check

COBRA gives you at least 60 days to decide whether to continue your former employer's health plan — and because the coverage is retroactive to the day you lost it, the decision can be deferred without leaving a gap.

That retroactivity is the part most people miss. It converts COBRA from an expensive default into something closer to an option you hold while you look at the alternatives.

This guide covers the deadlines on both sides, what the premium can be, and how long coverage lasts for each qualifying event.

Key takeaway

You have at least 60 days to elect COBRA, counted from the date the election notice is provided or the date you would otherwise lose coverage, whichever is later. Coverage is retroactive to the day job-based coverage ended, so a later election leaves no gap. You then have at least 45 days after electing to make the first payment. Premiums can be up to 102% of the plan's cost.

Table of contents

• The clock on both sides
• Why retroactivity changes the decision
• What it costs, and why
• How long coverage lasts
• Compare it against the Marketplace before you elect
• Frequently asked questions
• Summary

Related guides

• Medicaid Renewal 2026: Documents, Deadlines, and What to Do After a Denial
• Car Insurance Renewal Price Increase: Discounts, Coverage Checks, and Switching Steps

The clock on both sides

Step	Deadline
Employer notifies the plan administrator of termination, reduced hours, death, Medicare entitlement or employer bankruptcy	Within 30 days of the event
You notify the plan of divorce, legal separation, or a child losing dependent status	A period that cannot be less than 60 days
Plan administrator sends you the election notice	Within 14 days of receiving notice of the qualifying event
You elect COBRA	At least 60 days from the election notice or the loss of coverage, whichever is later
First premium payment	At least 45 days after you elect
Later premium payments	A grace period of at least 30 days each

Two of these are your responsibility rather than your employer's. Divorce, legal separation and a child ageing off the plan are events the employer does not know about, so the notice has to come from you or the affected beneficiary.

Federal rules, not your employer's summaryU.S. Department of Labor, COBRA ›The official guide to election periods, premiums, notice deadlines and how long continuation coverage lasts. Free.

Why retroactivity changes the decision

The Department of Labor puts it plainly: because COBRA coverage is retroactive to the day you lost your job-based plan, your initial payment may cover more than one month.

Read what that permits. You do not have to elect on day one to stay covered. You can use the election window to compare options, and if a large medical bill arrives during it, you can elect then and have the coverage reach back.

The trade-off is cash. Electing in week eight means the first payment covers the weeks already elapsed. It is a deferral of the decision, not a discount on it.

What it costs, and why

You may be required to pay the entire premium for coverage, up to 102% of the cost to the plan for similarly situated individuals. During an 11-month disability extension the limit rises to 150%.

The jump from what you were paying is not a penalty. While employed you were seeing only your share; your employer was paying the rest. COBRA hands you the whole cost plus up to a 2% administrative charge.

This is why the comparison below matters. The same coverage at full price is often not the cheapest way to stay insured.

How long coverage lasts

Qualifying event	Maximum period
Termination of employment (other than gross misconduct), or reduction in hours	18 months
The above, with a qualified beneficiary determined disabled under Social Security rules	29 months (18 plus an 11-month extension)
Employee's death, divorce or legal separation, employee becoming entitled to Medicare, or a child losing dependent status	36 months

A plan may offer longer periods than the law requires, so read your own plan documents rather than assuming the statutory minimum is the whole answer.

COBRA applies to group health plans sponsored by employers with at least 20 employees on more than 50% of typical business days in the previous calendar year. Both full-time and part-time employees count toward that threshold, with part-time employees counted as fractions.

Compare it against the Marketplace before you elect

Losing job-based coverage opens a special enrolment period in the Health Insurance Marketplace — available within 60 days before or after the loss of coverage.

1. Get the exact COBRA monthly premium from the election notice.
2. Price a Marketplace plan for your household, including any premium tax credit you qualify for.
3. Check whether you or your children qualify for Medicaid or CHIP.
4. Compare the deductible you have already met this year — starting a new plan usually resets it, which can outweigh a lower premium.
5. Check that your doctors and prescriptions are covered under each option.

That fourth point decides more of these than the premium does. Someone who has already met a large deductible in October is often better off on COBRA to the end of the year, then switching.

Compare before you electHealthCare.gov ›Losing job-based coverage opens a special enrolment period. Check what a Marketplace plan would cost before committing to a full-price COBRA premium.

Frequently asked questions

How long do I have to elect COBRA?

At least 60 days, counted from the date the election notice is provided or the date you would otherwise lose coverage, whichever is later.

Will I have a gap in coverage if I elect late?

No. COBRA coverage is retroactive to the day you lost your job-based plan, which is why the first payment may cover more than one month.

How much can COBRA cost?

Up to 102% of the cost to the plan for similarly situated individuals, or up to 150% during an 11-month disability extension.

When is the first payment due?

You must be given at least 45 days after electing COBRA to make the initial payment, and at least a 30-day grace period for each payment after that.

Does COBRA apply to every employer?

It generally applies to group health plans sponsored by employers with at least 20 employees on more than 50% of typical business days in the previous calendar year.

Summary

Sixty days to elect, forty-five more to pay, and coverage that reaches back to the day the old plan ended. That combination is what makes the window usable rather than merely long.

Use it to compare. Marketplace special enrolment runs 60 days either side of the loss, and a deductible you have already met is often the number that settles the choice.