Can this happen?  An employee was involuntarily terminated and accepted COBRA and the subsidy, but they’ve agreed to work periodically (as a temporary employee) for the employer.  They are willing to accept assignments that can be as short as one day or as long as one month.  Can the employer offer this option to the employee.  I could see if the employee was temping for ANOTHER company, but not the one she was terminated from.

My view would be that if the “temporary” employee is not eligible for health care coverage, then he/she could continue on the COBRA subsidy.

Provided that the employee initially went through termination and only subsequently thereafter was offered part-time work, I agree that the employee would be eligible to continue receiving the subsidy.

Jonathan F. Cohen, Esq.
APRUZZESE, McDERMOTT,
  MASTRO & MURPHY,
P.C.
Somerset Hills Corporate Center
25 Independence Boulevard
P.O. Box 112
Liberty Corner, NJ 07938
Tele: (908) 580-1776
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