This question is phrased in a way which may suggest some confusion about how past-termination benefits work. As a general matter, an employee has a right to elect continuation of benefits under a federal law called COBRA. If the employee fails to make the election, no benefits are required to be provided. Likewise, no benefits are required to be provided unless the employee pays for continuation of benefits, generally at 102% of the employer's cost. The maximum term of benefit continuation is 18 months for an ordinary termination or reduction in hours.
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