| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly May 20, 2024 Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2494Introduced by Assembly Member CalderonFebruary 13, 2024An act to add Section 2808.05 to the Labor Code, relating to employers.LEGISLATIVE COUNSEL'S DIGESTAB 2494, as amended, Calderon. Employer notification: continuation coverage.Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985, and known as COBRA, requires that certain employers provide former employees with continuation of benefits. COBRA requires that an employee be notified of the continuation of coverage for which the employee may be eligible upon certain qualifying events, including termination. Existing law requires all employers, whether public or private, to provide employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible.This bill would require all employers, whether public or private, to provide employees with a written, hardcopy notice of coverage under COBRA, to be provided in-person and via email, following termination or reduction in hours, as specified. a notice to employees, following termination or reduction in hours, as specified, stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan, as provided. The bill would authorize an employer to provide the notification via hard copy or via email to an employees email account if the employee elects to receive electronic statements or materials, as prescribed. The bill would prohibit an employer from discharging or taking other adverse action against an employee who does not elect to receive electronic statements or materials.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2808.05 is added to the Labor Code, to read:2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person.(b)An email from the employer to the employee containing a notice of coverage under COBRA. (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced.(b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials.(2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:(i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section.(ii) Provide information to the employee about how the employee may revoke consent to electronic receipt.(iii) Create a record of the employees agreement to electronic delivery of the notification required by this section.(B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment.(c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly May 20, 2024 Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2494Introduced by Assembly Member CalderonFebruary 13, 2024An act to add Section 2808.05 to the Labor Code, relating to employers.LEGISLATIVE COUNSEL'S DIGESTAB 2494, as amended, Calderon. Employer notification: continuation coverage.Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985, and known as COBRA, requires that certain employers provide former employees with continuation of benefits. COBRA requires that an employee be notified of the continuation of coverage for which the employee may be eligible upon certain qualifying events, including termination. Existing law requires all employers, whether public or private, to provide employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible.This bill would require all employers, whether public or private, to provide employees with a written, hardcopy notice of coverage under COBRA, to be provided in-person and via email, following termination or reduction in hours, as specified. a notice to employees, following termination or reduction in hours, as specified, stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan, as provided. The bill would authorize an employer to provide the notification via hard copy or via email to an employees email account if the employee elects to receive electronic statements or materials, as prescribed. The bill would prohibit an employer from discharging or taking other adverse action against an employee who does not elect to receive electronic statements or materials.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly May 20, 2024 Amended IN Assembly March 18, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 03, 2024 | |
| 8 | 7 | Amended IN Assembly May 20, 2024 | |
| 9 | 8 | Amended IN Assembly March 18, 2024 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 2494 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member CalderonFebruary 13, 2024 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member Calderon | |
| 20 | 19 | February 13, 2024 | |
| 21 | 20 | ||
| 22 | 21 | An act to add Section 2808.05 to the Labor Code, relating to employers. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | AB 2494, as amended, Calderon. Employer notification: continuation coverage. | |
| 29 | 28 | ||
| 30 | - | Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985, and known as COBRA, requires that certain employers provide former employees with continuation of benefits. COBRA requires that an employee be notified of the continuation of coverage for which the employee may be eligible upon certain qualifying events, including termination. Existing law requires all employers, whether public or private, to provide employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible.This bill would require all employers, whether public or private, to provide a notice to employees, following termination or reduction in hours, as specified, stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan, as provided. The bill would authorize an employer to provide the notification via hard copy or via email to an employees email account if the employee elects to receive electronic statements or materials, as prescribed. The bill would prohibit an employer from discharging or taking other adverse action against an employee who does not elect to receive electronic statements or materials. | |
| 29 | + | Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985, and known as COBRA, requires that certain employers provide former employees with continuation of benefits. COBRA requires that an employee be notified of the continuation of coverage for which the employee may be eligible upon certain qualifying events, including termination. Existing law requires all employers, whether public or private, to provide employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible.This bill would require all employers, whether public or private, to provide employees with a written, hardcopy notice of coverage under COBRA, to be provided in-person and via email, following termination or reduction in hours, as specified. a notice to employees, following termination or reduction in hours, as specified, stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan, as provided. The bill would authorize an employer to provide the notification via hard copy or via email to an employees email account if the employee elects to receive electronic statements or materials, as prescribed. The bill would prohibit an employer from discharging or taking other adverse action against an employee who does not elect to receive electronic statements or materials. | |
| 31 | 30 | ||
| 32 | 31 | Existing federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985, and known as COBRA, requires that certain employers provide former employees with continuation of benefits. COBRA requires that an employee be notified of the continuation of coverage for which the employee may be eligible upon certain qualifying events, including termination. Existing law requires all employers, whether public or private, to provide employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible. | |
| 33 | 32 | ||
| 34 | - | This bill would require all employers, whether public or private, to provide a notice to employees, following termination or reduction in hours, as specified, stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan, as provided. The bill would authorize an employer to provide the notification via hard copy or via email to an employees email account if the employee elects to receive electronic statements or materials, as prescribed. The bill would prohibit an employer from discharging or taking other adverse action against an employee who does not elect to receive electronic statements or materials. | |
| 33 | + | This bill would require all employers, whether public or private, to provide employees with a written, hardcopy notice of coverage under COBRA, to be provided in-person and via email, following termination or reduction in hours, as specified. a notice to employees, following termination or reduction in hours, as specified, stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan, as provided. The bill would authorize an employer to provide the notification via hard copy or via email to an employees email account if the employee elects to receive electronic statements or materials, as prescribed. The bill would prohibit an employer from discharging or taking other adverse action against an employee who does not elect to receive electronic statements or materials. | |
| 35 | 34 | ||
| 36 | 35 | ## Digest Key | |
| 37 | 36 | ||
| 38 | 37 | ## Bill Text | |
| 39 | 38 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 2808.05 is added to the Labor Code, to read:2808.05. (a) (1) All employers, whether public or private, shall provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced | |
| 39 | + | The people of the State of California do enact as follows:SECTION 1. Section 2808.05 is added to the Labor Code, to read:2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person.(b)An email from the employer to the employee containing a notice of coverage under COBRA. (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced.(b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials.(2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:(i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section.(ii) Provide information to the employee about how the employee may revoke consent to electronic receipt.(iii) Create a record of the employees agreement to electronic delivery of the notification required by this section.(B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment.(c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. | |
| 41 | 40 | ||
| 42 | 41 | The people of the State of California do enact as follows: | |
| 43 | 42 | ||
| 44 | 43 | ## The people of the State of California do enact as follows: | |
| 45 | 44 | ||
| 46 | - | SECTION 1. Section 2808.05 is added to the Labor Code, to read:2808.05. (a) (1) All employers, whether public or private, shall provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced | |
| 45 | + | SECTION 1. Section 2808.05 is added to the Labor Code, to read:2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person.(b)An email from the employer to the employee containing a notice of coverage under COBRA. (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced.(b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials.(2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:(i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section.(ii) Provide information to the employee about how the employee may revoke consent to electronic receipt.(iii) Create a record of the employees agreement to electronic delivery of the notification required by this section.(B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment.(c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. | |
| 47 | 46 | ||
| 48 | 47 | SECTION 1. Section 2808.05 is added to the Labor Code, to read: | |
| 49 | 48 | ||
| 50 | 49 | ### SECTION 1. | |
| 51 | 50 | ||
| 52 | - | 2808.05. (a) (1) All employers, whether public or private, shall provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced | |
| 51 | + | 2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person.(b)An email from the employer to the employee containing a notice of coverage under COBRA. (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced.(b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials.(2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:(i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section.(ii) Provide information to the employee about how the employee may revoke consent to electronic receipt.(iii) Create a record of the employees agreement to electronic delivery of the notification required by this section.(B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment.(c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. | |
| 53 | 52 | ||
| 54 | - | 2808.05. (a) (1) All employers, whether public or private, shall provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced | |
| 53 | + | 2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person.(b)An email from the employer to the employee containing a notice of coverage under COBRA. (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced.(b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials.(2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:(i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section.(ii) Provide information to the employee about how the employee may revoke consent to electronic receipt.(iii) Create a record of the employees agreement to electronic delivery of the notification required by this section.(B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment.(c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. | |
| 55 | 54 | ||
| 56 | - | 2808.05. (a) (1) All employers, whether public or private, shall provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced | |
| 55 | + | 2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan.(a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person.(b)An email from the employer to the employee containing a notice of coverage under COBRA. (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced.(b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials.(2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following:(i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section.(ii) Provide information to the employee about how the employee may revoke consent to electronic receipt.(iii) Create a record of the employees agreement to electronic delivery of the notification required by this section.(B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment.(c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. | |
| 57 | 56 | ||
| 58 | 57 | ||
| 59 | 58 | ||
| 60 | - | 2808.05. (a) (1) All employers, whether public or private, shall provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan. | |
| 59 | + | 2808.05. (a) (1) All employers, whether public or private, shall immediately provide to employees, upon termination or upon reduction in hours that would require notification under Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb-6 of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter COBRA), with both of the following: a notice stating that the employee may be eligible for coverage under COBRA and that the employee will receive an election notice from the plan administrator or group health plan. | |
| 61 | 60 | ||
| 62 | - | (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced. to the employee within 72 hours or by the employees next shift, whichever is sooner. | |
| 61 | + | (a)A written, hard-copy notice of coverage under COBRA, to be provided to the employee in person. | |
| 62 | + | ||
| 63 | + | ||
| 64 | + | ||
| 65 | + | (b)An email from the employer to the employee containing a notice of coverage under COBRA. | |
| 66 | + | ||
| 67 | + | ||
| 68 | + | ||
| 69 | + | (2) The notification required by paragraph (1) shall be provided to an employee no later than the date on which the employees wages are due and payable pursuant to Sections 201 and 202. If notification is required because of a reduction in hours, the notification shall be provided within one business day of the employee receiving notice that their hours are being reduced. | |
| 63 | 70 | ||
| 64 | 71 | (b) (1) An employer may provide the notification required by subdivision (a) via hard copy or via email to an email account of the employees choosing in PDF, JPEG, or other digital image file type format, if an employee affirmatively, and in writing or by electronic acknowledgment, elects to receive electronic statements or materials. | |
| 65 | 72 | ||
| 66 | 73 | (2) (A) In the case of electronic acknowledgment, the acknowledgment form shall do all of the following: | |
| 67 | 74 | ||
| 68 | 75 | (i) Provide an explanation that the employee is agreeing to electronic delivery of the notification required by this section. | |
| 69 | 76 | ||
| 70 | 77 | (ii) Provide information to the employee about how the employee may revoke consent to electronic receipt. | |
| 71 | 78 | ||
| 72 | 79 | (iii) Create a record of the employees agreement to electronic delivery of the notification required by this section. | |
| 73 | 80 | ||
| 74 | 81 | (B) The employee may revoke the agreement at any time in writing, by email, or by any other form of electronic acknowledgment. | |
| 75 | 82 | ||
| 76 | 83 | (c) An employer shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee who does not affirmatively, in writing or by electronic acknowledgment, elect to receive electronic statements or materials. |