Navigating COBRA Obligations in Family-Building Benefits Programs

In today’s competitive job market, offering comprehensive benefits is crucial for attracting and retaining top talent. As the workplace becomes more diverse and inclusive, employers are recognizing the importance of addressing employees’ family-building needs. However, in the excitement of rolling out these new benefits, employers must not overlook their obligations under the Consolidated Omnibus Budget Reconciliation Act (COBRA) that may apply to certain components of family-building benefit programs.

Customization of Family-Building Benefits

Family-building benefits encompass a range of options, including coverage for infertility treatment, adoption assistance, surrogacy support, and long-term fertility preservation. It is essential for employers to understand that there is no one-size-fits-all approach. Each employee may have unique needs and preferences when it comes to family-building, and employers must recognize and address them accordingly.

Expanding Coverage for Infertility Treatment under Major Medical Plan

One common component of family-building benefits is expanded coverage for infertility treatment under the existing major medical plan. In such cases, the COBRA treatment is generally straightforward. Employers need to ensure that employees and their dependents who were covered by the plan and undergo infertility treatment are provided with the opportunity to continue their coverage under COBRA if they experience a qualifying event.

Creation of Health Reimbursement Arrangements (HRAs)

Alternatively, some employers may choose to create Health Reimbursement Arrangements (HRAs) to reimburse infertility treatment expenses. In this scenario, the COBRA treatment becomes more complex. COBRA obligations may apply not only to the medical plan but also to the HRA, requiring employers to navigate additional administrative and compliance requirements.

Understanding Health Reimbursement Arrangements (HRAs)

An HRA is an employer-paid arrangement in which the employer promises to reimburse a fixed dollar amount of employee medical expenses. When employers opt for HRAs to cover infertility treatment expenses, they must ensure they fulfill their responsibilities in providing COBRA continuation coverage to employees who experience qualifying events.

Coverage of Long-Term Fertility Preservation

Many family-building benefit programs also include coverage for long-term fertility preservation, such as the planned freezing of eggs and sperm. This option addresses the needs of individuals who may wish to delay starting a family due to medical, personal, or professional reasons. Employers must understand the importance of offering this coverage and consider the implications for COBRA obligations.

IRS Definition of “Health Care”

The regulations of the Internal Revenue Service (IRS) broadly define “health care” as the diagnosis, cure, mitigation, treatment, or prevention of disease, or any undertaking that affects any structure or function of the body. Employers should incorporate this definition into their family-building benefit programs, ensuring that the covered services align with the IRS guidelines and comply with COBRA obligations.

Support Services in Family-Building Benefits

Recognizing the emotional and logistical challenges associated with family-building, many employers partner with family-building benefit vendors who offer virtual coaching and online talk sessions. These support services aim to assist employees undergoing fertility treatment or navigating the adoption or surrogacy process. However, employers must consider the classification of such programs as Employee Assistance Plans (EAPs) and comply with any additional requirements associated with this designation.

Employee Assistance Plans (EAP) Considerations

Depending on how the program is structured and to whom it is offered, a family-building benefit program may fall under the classification of an EAP. If an employer’s program meets the criteria defined by the Department of Labor, then additional obligations, such as reporting and disclosure requirements, may apply. Employers should consult legal counsel to ensure they are in compliance with EAP regulations, along with COBRA guidelines.

Separate Group Health Plan Status for Discount Programs

Many family-building benefit vendors may also offer discount programs separately from major medical plans. These programs aim to provide discounted services related to fertility treatment, adoption, or surrogacy. An interesting question arises as to whether such discount programs should be treated as a separate group health plan. Employers should seek guidance from legal professionals to determine the proper classification and understand any additional obligations that may arise.

Employers must navigate a complex landscape when offering family-building benefits to employees. While these benefits have the potential to greatly impact employees’ lives, it is crucial not to overlook the COBRA obligations that may be associated with them. By customizing the benefits, understanding the various components involved, and staying up-to-date on legal requirements, employers can strike a balance between addressing employee needs and fulfilling their legal obligations. Ultimately, a comprehensive and compliant family-building benefit program can contribute to a positive work environment and a more loyal and engaged workforce.

Explore more

Court Ruling Redefines Who Is Legally Your Employer

Your payslip says one company, your manager works for another, and in the event of a dispute, a recent Australian court ruling reveals the startling answer to who is legally your employer may be no one at all. This landmark decision has sent ripples through the global workforce, exposing a critical vulnerability in the increasingly popular employer-of-record (EOR) model. For

Trend Analysis: Social Engineering Payroll Fraud

In the evolving landscape of cybercrime, the prize is no longer just data; it is the direct line to your paycheck. A new breed of threat actor, the “payroll pirate,” is sidestepping complex firewalls and instead hacking the most vulnerable asset: human trust. This article dissects the alarming trend of social engineering payroll fraud, examines how these attacks exploit internal

The Top 10 Nanny Payroll Services of 2026

Bringing a caregiver into your home marks a significant milestone for any family, but this new chapter also introduces the often-underestimated complexities of becoming a household employer. The responsibility of managing payroll for a nanny goes far beyond simply writing a check; it involves a detailed understanding of tax laws, compliance regulations, and fair labor practices. Many families find themselves

Europe Risks Falling Behind in 5G SA Network Race

The Dawn of True 5G and a Widening Global Divide The global race for technological supremacy has entered a new, critical phase centered on the transition to true 5G, and a recent, in-depth analysis reveals a significant and expanding capability gap between world economies, with Europe lagging alarmingly behind. The crux of the issue lies in the shift from initial

Must We Reinvent Wireless for a Sustainable 6G?

The Unspoken Crisis: Confronting the Energy Bottleneck of Our Digital Future As the world hurtles toward the promise of 6G—a future of immersive metaverses, real-time artificial intelligence, and a truly connected global society—an inconvenient truth lurks beneath the surface. The very infrastructure powering our digital lives is on an unsustainable trajectory. Each generational leap in wireless technology has delivered unprecedented