Q.- Do we have to provide a COBRA qualifying event election letter in a non-English language if we know the recipient does not speak English?
A.- COBRA does not require notices to be translated into a non-English language for a qualified beneficiary who does not speak English. Depending on the context of the situation, however, this may not provide a sufficient answer for a particular employer.
The Department of Labor COBRA regulations require the election notice to be “written in a manner calculated to be understood by the average plan participant.” Employees of such an employer may argue that the “average plan participant” speaks a language other than English and the English qualifying event letter doesn’t provide information accessible to the average plan participant. Employers with a predominant number of who employees speak a non-English language may want to provide foreign-language assistance to reduce potential liability. This could be providing the COBRA letter in the foreign language or, alternatively, including a statement (in the foreign language) with directions for getting a translated notice or language assistance.
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