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The Differences Between Cal-COBRA & Federal COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) and California state's Cal-COBRA laws both provide continuation of employer insurance benefits for recently unemployed people and their family members, unless the employer can prove gross misconduct on the employee's part. Both laws require you to pay the full premium, including the portion your employer covered. Although similar, each law has its own rules that differentiate it from the other.

  1. Federal Vs. State

    • COBRA laws are federal laws that apply universally all over the United States. The California legislature specifically enacted Cal-COBRA laws, which do not have jurisdiction in other states. States such as Arkansas, Colorado and Connecticut also have state-enacted COBRA laws.

    Number of Employees

    • The federal COBRA laws only apply to employers with at least 20 employees. The Cal-COBRA laws apply to employers with at least two employees.

    Time Frame

    • You can receive federal COBRA benefits for at least 18 months and, in some cases, up to 36 months. In California, people who come from employers with two to 20 employees can receive Cal-COBRA benefits for up to 18 months. People who come from employers with 20 or more employees can have 18 months of Cal-COBRA coverage if they only qualified for 18 months of federal COBRA coverage, for a total of 36 months of coverage.

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