Severance administration playbook

Severance & Termination Law Atlas

What every US employer must do when someone leaves, and the states that add more: layoff notice, final pay, severance, releases, health coverage and state forms. Everything shown is the verified rule; where a source article said something different, it’s recorded in the discrepancy section and doesn’t change the data.

As of 30 Sep 2026 · 4 source articles and 75 verification sources · Not legal advice

Choose a perspective

Part 1

Layoff checklist

The steps in the order they usually come up. Each links to the rules further down the page. Ticks are saved in this browser only.

  • Federal WARN (100+ employees, 60 days) and your state’s law. Layoffs over a rolling 90-day window can add up. See the "Mini-WARN" lens.

  • New Jersey (1 week per year, 100+ employees nationwide, 50+ in NJ), Maine (closings of 100+ employee sites) and Hawaii (4-week top-up after closings).

  • Check the layoff list for disparate impact by age (40+), sex, race and other protected groups before notices go out.

  • OWBPA for 40+ (21/45 + 7 days, group disclosures), and CA, IL, MN, NY and NJ add their own rules. Keep confidentiality and non-disparagement narrow for non-supervisors (McLaren Macomb).

  • Lump sum or installments, and whether it depends on a release, change how state unemployment agencies treat it. Installments must fit §409A.

  • Same day in CA, CO, MA, MO, MT and NV; within 24 hours in UT; next business day in CT and OR. PTO payout rules differ by state.

  • UI notices in 22 states (e.g., CA DE 2320, NJ BC-10, NY IA 12.3, TN LB-0489 within 24 hours) and NY’s 5-day written termination notice.

  • Notify the administrator within 30 days. Check state continuation for insured plans and extra employer-paid coverage in CT and MA closings.

  • If more than 20% of plan participants are cut in a plan year, affected participants may need to be fully vested.

  • Mandatory where a WARN notice is filed, and useful anyway. They brief employees on unemployment, retraining and health options.

Part 2

Common to all 50 states

These rules apply no matter where the employee works. Every state exception sits on top of this layer.

FLSA · US DOL

Severance is voluntary, not a legal entitlement

  • No federal law requires severance. The US DOL calls it “a matter of agreement between an employer and an employee.”
  • It becomes enforceable once promised in an offer letter, contract, handbook, collective agreement or plan.
  • A formal, ongoing severance program can be an ERISA welfare plan, which brings a written plan document, a summary plan description (SPD) and a claims procedure.

State exceptions: New Jersey, Maine and Hawaii require payments in closings or mass layoffs. See the exceptions section.

29 U.S.C. §2101 et seq.

Federal WARN notice for large layoffs

  • Covers employers with 100+ full-time employees.
  • 60 calendar days’ written notice before a plant closing (50+ workers at one site) or a mass layoff (50–499 workers who are at least 33% of the site, or 500+).
  • A violation costs up to 60 days of back pay and benefits per worker, plus civil penalties for failing to notify local government.
  • Exceptions: faltering company, unforeseeable business circumstances, natural disaster.

Sixteen states have their own mandatory “mini-WARN” laws with lower thresholds or longer notice periods.

ADEA as amended by OWBPA

Releases from workers 40 and older

  • The release must be written in plain language and refer to the ADEA by name.
  • The employee must get 21 days to consider it (45 days in a group program) and 7 days to revoke after signing.
  • The employer must advise the employee in writing to consult an attorney.
  • It must be supported by consideration beyond anything already owed.
  • Group programs must disclose the decisional unit and the ages and job titles of those selected and not selected.

California, Illinois, Minnesota, New York and New Jersey add their own rules. New York has a bill pending that would extend the 21/7-day periods to all ages.

EEOC · SEC 21F-17 · NLRA · Speak Out Act

Rights a release cannot waive

  • Filing a charge with the EEOC or a state agency, or taking part in an investigation.
  • Whistleblowing to the SEC or other regulators.
  • Pre-dispute NDAs about sexual assault or harassment are unenforceable (Speak Out Act, 2022).
  • Under the NLRB’s McLaren Macomb decision (2023), broad confidentiality and non-disparagement clauses offered to non-supervisory employees can violate the NLRA. The General Counsel’s guidance memo was rescinded in 2025, but the Board decision hasn’t been overruled and the NLRB applied it again in 2026 (Valley Radiology).
  • Unpaid FLSA wages generally can’t be released privately without DOL or court supervision.

COBRA · 29 U.S.C. §1161

Health coverage continuation

  • Applies to group health plans of employers with 20+ employees.
  • Coverage lasts up to 18 months after termination (up to 36 for some qualifying events).
  • The employee can be charged up to 102% of the premium. Many severance packages subsidize this.

Most states have “mini-COBRA” laws for smaller employers, and Connecticut and Massachusetts require employer-paid continuation in closings.

IRS supplemental wages · IRC §409A

Severance is taxed as wages

  • Subject to federal income tax withholding, Social Security, Medicare and FUTA, and reported on the W-2.
  • Optional flat federal withholding of 22% up to $1M in supplemental wages, and mandatory 37% above that.
  • Installment or deferred severance must comply with §409A (separation-pay exemption, or a fixed schedule).

FLSA + state wage-payment acts

Earned wages and final pay

  • Earned wages are owed whether or not the employee signs anything. Final pay can’t be made conditional on signing a release.
  • Forty-six states set a deadline for final pay. Alabama, Florida, Georgia and Mississippi have no statute, so the regular payday is the norm.
  • The most common rule is “next regular payday.” About a dozen states require payment the same day or within 24–72 hours for involuntary terminations.

Final-pay deadlines are the most varied rule between states. Use the explorer’s “Final pay (fired)” lens.

Common law

At-will employment

  • Employment is at-will in 49 states. Either side can end it for any lawful reason without notice.
  • Common exceptions: public policy (e.g., firing for jury duty or whistleblowing), implied contracts in handbooks or promises, and in some states an implied covenant of good faith.
  • Anti-discrimination (Title VII, ADA, ADEA) and anti-retaliation laws apply everywhere.

Montana is the exception. After a probationary period, its Wrongful Discharge from Employment Act requires good cause.

Part 3

State explorer

Pick a lens to recolor the map, then select a state for its full profile. Darker means a stronger obligation on the employer. A yellow dot means the sources disagree about that state.

Map lens
US states tile map
  • Mandatory in mass layoffs1
  • Mandatory in closings only2
  • Related benefit mandate (health continuation)2
  • Contractual only45

Only New Jersey requires cash severance in mass layoffs generally. Maine and Hawaii require payments only when a covered facility closes or relocates.

New JerseyNJ

Severance requiredMini-WARNSeparation notice1 source conflict
Severance
Mandatory severance in mass layoffs (Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1, as amended Apr 2023): employers with 100+ employees (counted nationwide, part-time included) who terminate 50+ in NJ owe 1 week’s pay per full year of service, uncapped, plus 4 more weeks if notice falls short. Paid as a lump sum. The employee can’t waive this severance unless the NJ Labor Commissioner or a court approves.
Layoff notice
90 days’ notice. Mass-layoff count is statewide, not per site.
Final pay
Fired / laid off: Next regular paydayResigned: Next regular payday
Accrued PTO
Governed by employer policy or contract. No payout statute.
Severance & UI
No effect: Service-based severance isn’t counted.
Health continuation
Small employers (sources differ: <20 or 2-50): up to 18 months.
Separation notice
Form BC-10, at separation
Also note
  • NJLAD §10:5-12.8: NDAs hiding details of discrimination, retaliation or harassment claims are unenforceable against the employee.
Source conflicts
D1 · How many states require severance?Three states require payments. New Jersey (mass layoffs, since 2023). Maine: 26 M.R.S. §625-B requires 1 week per year of service for 3+ year employees when a 100+ employee establishment closes or has a mass layoff, and it predates NJ. Hawaii: HRS §394B-10 requires a 4-week dislocated worker allowance topping up UI after a closing or relocation. Workforce.com’s statement is simply wrong.

Part 4

Exceptions by theme

States grouped by the ways they go beyond the federal baseline. Select a state code to open its profile.

Severance is mandatory in specific cases

The only real exceptions to the "severance is voluntary" rule. All three apply only to layoffs or closings at larger employers.

  • Mass layoffs: 1 week per year of service, uncapped, +4 weeks if notice is short. 100+ employees nationwide, 50+ terminated in NJ.
  • Closings or mass layoffs at 100+ employee establishments: 1 week per year for employees with 3+ years.
  • Closings or relocations: up to 4 weeks of wage-minus-UI "dislocated worker allowance."

Employer-paid health continuation

No cash payment, but the employer must keep paying for coverage.

  • Up to 120 days of fully employer-paid group health coverage on relocation or closure.
  • Continued group health coverage in qualifying plant closings.

Mandatory mini-WARN laws16 states

Lower headcounts, longer notice, or triggers the federal law misses.

  • Lowest threshold: 25 employees, 30 days.
  • 50 employees, 90 days.
  • 100 employees, 90 days, plus severance.
  • 90 days for closings.
  • New in 2026: 90 days.
  • 75 employees, any 50-person layoff.
  • 75 employees, 60 days.
  • 50 employees, 60 days (2025).
  • 50 employees, 60 days.
  • 50 employees, 60 days; enforced from Oct 2025.
  • 50 employees; 45 days to state, 30 to workers.
  • 50 employees, 60 days.
  • 100 employees, 60 days.
  • 100 employees, 60 days.
  • Mirrors federal; 2025.
  • Only 50 to 99 employee firms; no set period.

Voluntary or limited layoff-notice laws4 states

Encouraged notice, state-only reporting, or narrow triggers.

Release and agreement rules beyond OWBPA

State rules that change how a severance agreement must be drafted or timed.

  • Carve-out language, attorney notice, at least 5 business days; waiver of Civ. Code §1542.
  • 21 days to consider + 7 to revoke when unlawful-practice allegations are kept confidential.
  • 15-day rescission for releases of MHRA claims.
  • 21/7 days for discrimination-settlement NDAs. Pending bill would extend 21/7 to all severance.
  • NDAs hiding discrimination or harassment details unenforceable against the employee.

Same-day to next-business-day final pay when fired11 states

Paying on the next regular payday isn’t enough in these states. Waiting-time penalties can be large (up to 30 days’ wages in CA, 60 in MO, treble damages in MA).

PTO must be paid out

Required regardless of policy (RI after 1 year; ME at 11+ employees). Another group requires payout unless a written policy says otherwise.

Unless a written policy says otherwise:

State separation notices22 states

Mostly UI-availability forms that must be handed over at separation. Tennessee (24 hours) and Louisiana (3 days) are the tightest.

Noncompete limits that shape severance terms

Affects whether a non-compete in a severance package is enforceable.

  • Void, including out-of-state agreements.
  • Banned since Jul 2023.
  • Void.
  • Generally void.
  • Largely void since Jul 2025.
  • Salary floor now; near-total ban from 30 Jun 2027.
  • Salary floor $130,014 (2026).
  • Void at $75,000 or less.
  • 12-month cap + garden leave.

Not at-will, and service letters

Montana needs good cause after probation. Six states make employers give a reason for termination on request.

  • Wrongful Discharge from Employment Act. Also requires a service letter.
  • Service letter (RSMo §290.140).
  • Service letter: tenure, job classification and wage rate.
  • Reason for discharge on request.
  • Reason for termination on written request.
  • Letter stating whether the employee quit or was discharged.

Part 5

Health coverage after the job ends

COBRA, the state continuation laws that cover smaller employers, Medicare, and individual insurance from the ACA marketplace. Several of these deadlines start on the last day of work, so the order matters.

What happens after the last day, in order

  1. Last day of work

    Group coverage usually ends on the last day or at the end of that month

    The plan document decides which. Final pay, PTO payout and any separation notice follow the state rules in the explorer.

  2. Within 30 days

    Employer notifies the COBRA administrator

    The administrator then has 14 days to send the election notice. When the employer is also the administrator, it has 44 days in total.

  3. Within 30 days of losing coverage

    Deadline to join a spouse’s employer plan

    HIPAA special enrollment. It’s 60 days if the coverage lost was Medicaid or CHIP.

  4. 60 days before to 60 days after

    ACA marketplace special enrollment period

    Losing job-based coverage opens a 60-day window. Enhanced premium subsidies expired at the end of 2025, so marketplace premiums are higher in 2026 than in 2025, though the original subsidies remain.

  5. 60 days from the election notice

    COBRA election deadline

    Coverage is retroactive to the day after the old coverage ended. That means someone can wait, and elect only if they need care during the window.

  6. 45 days after electing

    First COBRA premium due

    After that, monthly premiums have a 30-day grace period.

  7. 8 months after the job ends · age 65+

    Medicare Part B special enrollment period closes

    The 8 months run from the end of employment, not the end of COBRA. COBRA isn’t coverage based on current employment, so it doesn’t protect against the Part B late penalty of 10% per year, which lasts for life.

  8. 18 months

    COBRA ends for the employee

    It can be extended to 29 months for disability, and spouses and dependents can reach 36 months after a second qualifying event. State extensions (CA, NY, GA age 60+, IL spouse 55+) can add more.

Federal COBRA: what applies everywhere

29 U.S.C. §1161 · 20+ employees

Who is covered

  • Private employers with 20+ employees (state and local governments via the PHS Act).
  • Qualified beneficiaries: the employee, a covered spouse and covered dependent children. Each can elect COBRA independently.
  • Termination for any reason except "gross misconduct" (quitting and layoffs included) triggers COBRA.

Qualifying events

How long it lasts

  • 18 months: termination or reduced hours.
  • 29 months: if SSA finds a beneficiary disabled within the first 60 days. The premium can rise to 150% for months 19-29.
  • 36 months for spouse and dependents: the employee’s death, divorce or legal separation, the employee becoming entitled to Medicare, or a child aging out, including as a second event during the first 18 months.

Premium rules

What it costs

  • Up to 102% of the full plan cost, employer and employee shares combined. This is the "COBRA shock" after a layoff.
  • There’s no federal COBRA subsidy in 2026. The 2021 ARPA subsidy ended in September 2021.

Severance design

How severance interacts with it

  • Employers often pay or reimburse several months of COBRA as part of severance.
  • Premiums the employer pays directly to the plan are generally not taxable to the employee. Cash given "for COBRA" is taxable wages.
  • Subsidized COBRA can delay the move to marketplace coverage but doesn’t close the marketplace window, which runs from the loss of the original coverage.

Termination events

When it ends early

  • Unpaid premium after the 30-day grace period.
  • The beneficiary gets another group plan after electing COBRA.
  • The beneficiary becomes entitled to Medicare after electing COBRA (the spouse’s COBRA continues).
  • The employer stops offering any group health plan.

ERISA §502(c)(1)

Notice penalties

  • A late or missing election notice can cost the plan administrator up to $110 a day, plus the claims that should have been covered.
  • States with mini-COBRA laws have their own notice duties. Some are strict: Oregon’s election window is only 10 days.

State continuation (“mini-COBRA”) by state

How reliable this data is. No official 50-state source exists. Two aggregators were compared, and every state where they disagreed was checked against the statute or state agency. Wherever it was checked, CobraHelp understated or invented coverage and FindCoverage was right. State laws usually apply to insured plans of employers with fewer than 20 employees, since self-funded plans fall under federal law (ERISA) instead. Also on the explorer map as the “State continuation” lens.

StateLawWho it coversMax durationNotable rulesConfidence
Alabama-None-No general law (domestic-abuse victims only)Verified
Alaska-None-No general continuation lawVerified
ArizonaYesSmall employers (1-19)18 months (36 for some events)A.R.S. §20-2330, for plans since 2019Verified
ArkansasYesInsured groups120 days-Verified
CaliforniaYes2-19 employees (Cal-COBRA)36 monthsAlso extends federal COBRA to 36 months total, for any employer size. Premium up to 110%.Verified
ColoradoYesInsured groups18 months30-day election periodVerified
ConnecticutYesInsured groups30 months (36 for some events)Separate law: 120 days of employer-paid coverage on closing or relocationVerified
DelawareYes1-19 employees9 months-Verified
FloridaYes<20 employees18 months (29 if disabled)Premium up to 115%Verified
GeorgiaYesInsured groups3 monthsAge 60+: extend federal COBRA until Medicare (O.C.G.A. §33-24-21.2), incl. spouse 60+ on divorce or death; premium up to 120%Verified
HawaiiLimited-Up to 3 months, sickness onlyHRS §393-15 continues employer premium contributions only while sick or hospitalized. There’s no layoff continuation law.Verified
Idaho-None-No general continuation law (conversion rights only)Verified
IllinoisYesInsured groups12 monthsSpouse 55+ on death, divorce or retirement: until Medicare; under 55: 2 yearsVerified
IndianaYesSmall employers12 monthsRequires 1 year of employment and 90 days on the plan (Ind. Code §27-8-15-31.1)Verified
IowaYesInsured groups9 months10-day election periodVerified
KansasYesInsured groups18 months-Verified
KentuckyYesInsured groups18 monthsKRS 304.18-110Verified
LouisianaYesInsured groups12 monthsSpecial rules for surviving and divorced spousesVerified
MaineYesInsured groups12 months-Verified
MarylandYesInsured groups18 months-Verified
MassachusettsYes2-19 employees (insured)18 months; 36 for death, divorce, MedicareMirrors federal durations. Separate closing law also requires continued coverageVerified
Michigan-None-No general continuation law. Only conversion rights with nonprofit carriersVerified
MinnesotaYesAll insured employers18 months (longer if totally disabled)60-day election periodVerified
MississippiYesInsured groups12 months-Verified
MissouriYesEmployers not under federal COBRA18 months (36 for death, divorce)Mirrors federal COBRA (RSMo §376.428)Verified
MontanaLimited-Up to 1 year, narrow triggersSources disagree: one lists 6 months’ general continuation, another says only reduced-hours cases are coveredConflict
NebraskaYesInvoluntary terminations6 months10-day election periodVerified
Nevada-None-General law repealed in 2013 (disability-leave continuation only)Verified
New HampshireYesInsured groups18 months (36 for some events)-Verified
New JerseyYesSmall employers (sources differ: <20 or 2-50)18 months-Verified
New MexicoYesInsured groups6 months-Verified
New YorkYesAll sizes (insured plans)36 monthsAlso extends federal COBRA to 36 months total for insured plans (NY DFS)Verified
North CarolinaYesInsured groups18 months-Verified
North DakotaYesInsured groups39 weeksFormer spouse: up to 36 monthsVerified
OhioYesInvoluntary terminations12 months-Verified
OklahomaYesGroups not under federal COBRA63 days-Verified
OregonYes<20 employees9 monthsOnly a 10-day election periodVerified
PennsylvaniaYes2-19 employees (insured)9 monthsPremium up to 105%Verified
Rhode IslandYesInsured groups18 months-Verified
South CarolinaYesInsured groups6 months-Verified
South DakotaYesAll group plans18 months (29 if disabled)SDCL §58-18-7.5Verified
TennesseeYesInsured groups3 months (15 for death, divorce)-Verified
TexasYesAll sizes (insured)9 months; or 6 more after federal COBRA-Verified
UtahYesGroups not under federal COBRA12 months-Verified
VermontYesAll group plans, incl. self-insured18 months8 V.S.A. §4090a covers self-insured plans too, which is unusualVerified
VirginiaYesGroups not under federal COBRA12 months-Verified
Washington-None-No general continuation law (labor-dispute continuation only)Verified
West VirginiaYesInvoluntary layoffs18 months-Verified
WisconsinYesInsured groups18 months-Verified
WyomingYes2-19 employees12 monthsW.S. §26-19-113; premium up to 102%Verified

Medicare and individual insurance

Medicare Part B special enrollment

Already 65+ when the job ends

  • Anyone who delayed Part B because of job-based coverage gets an 8-month window from the end of employment or coverage, whichever comes first.
  • COBRA doesn’t extend this window. Waiting for COBRA to run out leads to a gap and a permanent penalty of 10% per 12 months late.
  • Once on Medicare, Medicare pays first and COBRA pays second. The COBRA plan can reduce its payments as if Part B were in place, even if it isn’t.

COBRA + Medicare order

On Medicare before electing COBRA

  • Someone already entitled to Medicare when COBRA starts can keep both.
  • Becoming entitled to Medicare after electing COBRA ends that person’s COBRA.
  • In either case, a spouse under 65 keeps COBRA and may get 36 months.

Medicare supplements

Medigap and drug coverage timing

  • The 6-month Medigap open enrollment starts when Part B begins at 65+. During it, insurers can’t price by health history.
  • Part D: a gap over 63 days without creditable drug coverage brings a lifetime late penalty. Most COBRA plans count as creditable, but the plan’s notice confirms it.

ACA marketplace

Under 65: individual insurance

  • Losing job coverage gives a 60-day special enrollment period, on HealthCare.gov or the state’s own exchange.
  • Income for subsidies is projected annual household income. A layoff mid-year can lower it, but a large lump-sum severance counts in the year it’s paid.
  • Enhanced subsidies ended 31 Dec 2025, so 2026 subsidies use the original ACA formula, including the 400% federal poverty level cap.

Choosing COBRA voluntarily doesn’t block the marketplace later, but dropping COBRA mid-year outside open enrollment doesn’t open a new window. Running out of COBRA does.

Income-based

Medicaid

  • Eligibility is based on monthly income, so someone with no income after a layoff may qualify even with savings, in the 40+ states that expanded Medicaid.
  • Severance paid out over time counts as income in the months it’s paid.

FICA

Taxes on Medicare itself

  • Severance is subject to the 1.45% Medicare tax (plus 0.9% above $200K) like any wages. That’s the only place "Medicare" touches the severance payment itself.

Part 6

How severance affects unemployment benefits

State unemployment agencies treat severance very differently. How you pay it (a lump sum or installments, and whether it’s tied to a signed release) can decide whether former employees get benefits right away.

How reliable this data is. The main 50-state source is OkayNext’s guide. Where it and SeveranceCalc’s guide disagreed (Illinois, Virginia, Georgia, Montana), the state agency or a state law firm sided with OkayNext each time. Verified means checked with a state source or two agreeing guides; 1 source means OkayNext only. Unemployment rules also depend on facts such as whether severance is “allocated” to specific weeks, so the state agency’s decision is what counts. Also on the explorer map as the “Severance vs. unemployment” lens.

  • Delays benefits18
  • Reduces weekly benefit11
  • Depends on how it’s paid12
  • No effect9
StateEffectRuleConfidence
AlabamaDepends on how it’s paidDepends on whether payments show a continuing employment relationship1 source
AlaskaReduces weekly benefitDeducted from the weekly benefit1 source
ArizonaDepends on how it’s paidCounts only if allocated to a week being claimed1 source
ArkansasDelays benefitsDisqualified for the number of weeks of wages the payment represents1 source
CaliforniaNo effectTrue severance isn’t wages for UIVerified
ColoradoDelays benefitsDelayed: total severance divided by usual weekly wage = weeks postponed1 source
ConnecticutDelays benefitsDisqualified for the period the payment covers1 source
DelawareDepends on how it’s paidDecided case by case1 source
FloridaDelays benefitsDisqualified for weeks in which severance is receivedVerified
GeorgiaDelays benefitsLump sums are spread over weeks by weekly wage. A week is disqualified only if its share exceeds the weekly benefitVerified
HawaiiDepends on how it’s paidA lump sum counts only in the week received; periodic payments affect each week1 source
IdahoReduces weekly benefitDeducted for the weeks it’s allocated to1 source
IllinoisNo effectIDES treats severance as pay for past service, not wagesVerified
IndianaReduces weekly benefitSubtracted from benefits for the weeks it’s allocated toVerified
IowaReduces weekly benefitDeducted dollar-for-dollar for the weeks it applies to1 source
KansasReduces weekly benefitReduces the weekly benefit1 source
KentuckyNo effectNot deductible1 source
LouisianaReduces weekly benefitDeducted for the weeks it coversVerified
MaineDelays benefitsA week in which severance is received is disqualified1 source
MarylandDelays benefitsAllocated to the weeks after separation1 source
MassachusettsDepends on how it’s paidDisqualifying for the weeks covered, unless paid in exchange for a signed release of claims1 source
MichiganReduces weekly benefitReduces the benefit in weeks the employer allocates it to1 source
MinnesotaDelays benefitsDelayed by the number of weeks the severance representsVerified
MississippiDepends on how it’s paidFull-wage severance counts as continued employment; smaller amounts are deducted1 source
MissouriNo effectNot counted against benefits1 source
MontanaDepends on how it’s paidMay reduce only the week of separationVerified
NebraskaDelays benefitsA lump sum is prorated across weeks1 source
NevadaDelays benefitsA week in which severance is received is disqualified1 source
New HampshireDelays benefitsAllocated forward from separation1 source
New JerseyNo effectService-based severance isn’t countedVerified
New MexicoNo effectSeverance and buyouts aren’t wages1 source
New YorkDelays benefitsIneligible only while weekly severance exceeds the maximum weekly benefitVerified
North CarolinaDelays benefitsTreated like earnings from the last employer1 source
North DakotaDepends on how it’s paidCounts only if not based on years of service and meant to cover time after separation1 source
OhioReduces weekly benefitDeductible, reducing weekly benefitsVerified
OklahomaDepends on how it’s paidDeducted if required by law, contract or policy; purely voluntary severance isn’t1 source
OregonNo effectNot reportable1 source
PennsylvaniaDepends on how it’s paidOnly the portion above 40% of the state average annual wage is deducted1 source
Rhode IslandDelays benefitsAllocated weekly from the last day of work, up to 26 weeks1 source
South CarolinaNo effectSeverance isn’t counted against benefits1 source
South DakotaReduces weekly benefitDeducted dollar-for-dollar1 source
TennesseeDelays benefitsDisqualifies any week with severance or pay in lieu of notice1 source
TexasDelays benefitsAllocated to the weeks it coversVerified
UtahDelays benefitsLump sums assigned to the weeks after the last day1 source
VermontDelays benefitsAllocated to the weeks after separation1 source
VirginiaReduces weekly benefitDeducted from benefits once the employer reports itVerified
WashingtonDepends on how it’s paidUsually no effect when not assigned to any period1 source
West VirginiaNo effectService-based severance isn’t deductible1 source
WisconsinDepends on how it’s paidReduces a week only if definitely allocated to it1 source
WyomingReduces weekly benefitA week is disqualified if its severance equals or exceeds the weekly benefit1 source

Part 7

Does the employee’s age change anything?

Yes, at a handful of specific ages. The core severance, final-pay, WARN and PTO rules are the same at every age.

26years

Dependent children

  • Children can stay on a parent’s plan until 26. Aging off is a COBRA qualifying event, with 36 months for the child.
  • New York lets young adults buy into a parent’s insured plan until 29 (NY DFS).

40years

Age-discrimination protections begin

  • ADEA protects workers 40+ at employers with 20+ employees. Many states cover smaller employers or younger workers.
  • Releases of age claims must meet OWBPA: 21 days to consider (45 in a group layoff), 7 days to revoke, advice to consult a lawyer, and group disclosures of the ages and job titles of those selected and not selected. The only release rule that depends on age.
  • In a layoff, the selection method can be challenged if it falls disproportionately on workers 40+.

55years

Rule of 55 · Illinois spouses

  • Someone who leaves the job in or after the year they turn 55 can withdraw from that employer’s 401(k) or 403(b) without the 10% early-withdrawal penalty. IRAs don’t qualify, so a rollover gives this up.
  • Illinois: a spouse 55+ who loses coverage through the employee’s death, divorce or retirement can continue it until Medicare.

60years

Georgia continuation

  • Georgia lets employees 60+ (and spouses 60+ on divorce or death) extend federal COBRA until Medicare eligibility, for insured plans, at up to 120% of the premium.

62years

Social Security

  • Earliest age to claim retirement benefits.
  • Severance counts as a "special payment" for work done earlier. It doesn’t count toward the retirement earnings test, so it doesn’t reduce benefits for someone who has started claiming.

65years

Medicare

  • The Part B 8-month window from job loss applies.
  • If the employee became entitled to Medicare within 18 months before the layoff, the spouse and dependents get COBRA for up to 36 months from the date of entitlement.
  • ADEA allows a closing or layoff severance to be reduced by the value of retiree health coverage or extra pension benefits the employee becomes eligible for (29 U.S.C. §623(l)(2)). It’s the one age-linked severance offset the law permits.

What age does not change: Final-pay deadlines, PTO payout, WARN notice, the NJ, ME and HI severance formulas (they depend on years of service, not age), separation notices, and unemployment eligibility. Severance can’t be reduced because of age, and choosing who gets laid off in a way that falls hardest on workers 40+ can be challenged as age discrimination under the ADEA (disparate impact).

Part 8

Spouses and families

Severance, final pay and WARN rules never depend on the employee’s spouse. Health coverage does, and it has the most spouse-specific rules.

Independent election rights

Spouse and children on COBRA

  • A spouse and children covered the day before the job ended are qualified beneficiaries in their own right. They can elect COBRA even if the employee doesn’t.
  • Termination gives 18 months. A second event during that time (divorce, the employee’s death or Medicare entitlement) extends spouse and dependent coverage to 36 months.
  • One election notice to the household is allowed only if it goes to an address where the spouse lives.

HIPAA special enrollment

Joining a spouse’s employer plan

  • Losing coverage lets the employee and family join a spouse’s employer plan mid-year if they ask within 30 days.
  • That’s often cheaper than COBRA, since the spouse’s employer pays part of the premium.

ACA · IRS 2022 rule

Marketplace and the "family glitch" fix

  • Since 2023, whether a spouse’s employer plan is "affordable" for the family is judged on the family premium. Family members can get marketplace subsidies even when the spouse’s employee-only coverage is affordable.
  • The 60-day loss-of-coverage window covers the whole household.

Medicare + COBRA

When the laid-off employee is on Medicare

  • A spouse under 65 has no Medicare of their own, so the spouse needs COBRA, the marketplace or their own job plan.
  • If the employee had become entitled to Medicare within the 18 months before the layoff, the spouse’s COBRA can run 36 months from the date of entitlement.

Medicare Part B

When the spouse is still working

  • A 65+ employee who loses their job can delay Part B without penalty if covered by a spouse’s employer plan based on the spouse’s current employment (generally at employers with 20+ employees).
  • When that spouse retires, the 8-month Part B window starts.

State continuation

State spouse rules

  • Illinois: spouse 55+ on the employee’s death, divorce or retirement can continue coverage until Medicare.
  • Georgia: spouse 60+ on divorce or death can extend COBRA until Medicare.
  • California and New York: extend to 36 months total.

Severance, final pay, WARN notice and unemployment are never affected by the spouse’s job, income or benefits.

Part 9

Retraining programs

Federal programs run through each state’s American Job Centers. A WARN notice is what triggers the state’s Rapid Response team, so notice laws and retraining are linked.

Workforce Innovation and Opportunity Act

WIOA Dislocated Worker Program

  • The main federal program since TAA ended. Offers career services, individual training accounts to pay for approved courses, and supportive services.
  • Open to laid-off workers unlikely to return to their occupation, and to people affected by closings. Apply at an American Job Center.
  • It doesn’t provide income support. Unemployment insurance does that.

WIOA · triggered by WARN

Rapid Response

  • Every state has a dislocated-worker unit that receives WARN notices and sends a team on site before the layoff, to explain UI, WIOA training and health-coverage options.
  • Employers without a WARN duty can request it voluntarily.

FUTA §3304(a)(8)

Unemployment while in training

  • Federal law bars every state from denying UI because a claimant is in approved training. The work-search requirement is generally waived.
  • This extends eligibility during regular benefits but doesn’t add weeks. For extra weeks, see WA, OR and ME below.

Ended 2022

Trade Adjustment Assistance

  • TAA stopped accepting new petitions on 1 July 2022, and Congress hasn’t reauthorized it as of 2026. Only workers certified before then still receive benefits.
  • Older guides that point laid-off workers to TAA are out of date.

US DOL

National Dislocated Worker Grants

  • Short-term federal grants to states after large layoffs or disasters, for retraining and temporary jobs. States apply for them; individuals don’t.

Coordination

Severance and training money

  • Severance generally doesn’t bar WIOA eligibility.
  • Whether severance delays UI depends on the state. See the unemployment section. Check with the state UI agency before planning training around UI.

States with their own programs or extra benefits

Extra unemployment weeks while retraining4 states

  • Training Benefits Program: up to 26 extra weeks of UI for dislocated workers in approved training. Commissioner-Approved Training waives job search.
  • Training UI: 1-26 weeks of supplemental benefits to finish approved career or technical training.
  • 26 M.R.S. §1196: extended benefits for dislocated workers in approved training.
  • California Training Benefits: collect UI while in approved training without job-search requirements.

State-funded retraining funds5 states

  • Employment Training Panel: funded by an employer payroll tax; pays for training for incumbent and unemployed workers.
  • Workforce Development Partnership: training grants for displaced workers, funded by payroll contributions.
  • Dislocated Worker Program: state-funded through an employer assessment on top of WIOA.
  • Skills Development Fund: up to $500K grants for employer-college custom training.
  • Workforce Training Fund: up to $125K employer grants to train current and new hires.

Part 10

All 50 states side by side

Search or filter, sort by clicking a column heading, and click a row to open that state in the explorer.

Contractual onlyFederal onlyNo state final-pay statuteNo state statutePolicy governsYes-
Contractual onlyFederal onlyWithin 3 working daysNext regular payday at least 3 days after noticePolicy governsYes-
Contractual onlyFederal onlyWithin 7 working days or end of next pay period, whichever is soonerNext regular paydayPolicy governsYesD7, D24
Contractual onlyFederal onlyNext regular payday (double wages if >7 days late)Next regular paydayPolicy governsYes-
Contractual onlyCal-WARN: 75+ employees; 50+ laid off at a site (no 33% test)Immediately, at time of dischargeWithin 72 hours; on last day if 72 hours’ notice givenRequiredYesD18
Contractual onlyFederal onlyImmediately (6h / 24h grace if payroll office closed or offsite)Next regular paydayRequiredYesD11
No cash severance mandate, but when a covered establishment relocates or closes, the employer must pay in full for existing group health coverage for 120 days or until the employee gets other group coverage, whichever is shorter Federal onlyNext business dayNext regular paydayPolicy governsYesD14
Contractual onlyDelaware WARN (19 Del. C. §1901): 100+ employees; closing, mass layoff or relocation of 50+Later of next regular payday or 3 business days after last day worked (amended Oct 2022)Later of next regular payday or 3 business days after last day workedPolicy governs-D21
Contractual onlyFederal onlyNo state final-pay statuteNo state statutePolicy governs-D15
Contractual onlyFederal onlyNo state final-pay statuteNo state statutePolicy governsYesD15, D25
Dislocated worker allowance Dislocated Workers Act (HRS ch. 394B): 50+ employees; 60 days before closing, partial closing or relocation.Immediately, or next working dayNext regular payday; immediately if one pay period’s noticePolicy governs-D1, D23
Contractual onlyFederal onlyNext payday or 10 working days, whichever first (48h if written request)Same as involuntaryPolicy governs-D23
Contractual onlyIllinois WARN (820 ILCS 65): 75+ employees; mass layoff of 25+ (if 33%) or 250+No later than next regular paydayNo later than next regular paydayRequiredYesD16, D25
Contractual onlyFederal onlyNext regular paydayNext regular paydayUnless written policy-D24
Contractual onlyIowa Code ch. 84C: 25+ employees; 25+ affected at a siteNext regular paydayNext regular paydayPolicy governsYes-
Contractual onlyFederal onlyNext regular paydayNext regular paydayPolicy governs--
Contractual onlyFederal onlyNext payday or 14 days, whichever is laterNext payday or 14 days, whichever is laterPolicy governs-D24
Contractual onlyFederal onlyNext payday or 15 days, whichever firstNext payday or 15 days, whichever firstRequiredYes-
Mandatory severance on closing or mass layoff 90 days’ notice of a closing or relocation, under the same statute.Next payday or within 2 weeks of demand, whichever firstSame as involuntaryRequired-D1
Contractual onlyEconomic Stabilization Act: 50+ employees; reduction in operations of the greater of 25% or 15 employees within 3 monthsNext regular paydayNext regular paydayUnless written policyYesD2
No cash severance mandate. The plant-closing law Voluntary notice only for plant closings (50+ employees at the facility).Day of discharge (including accrued vacation)Next regular paydayRequiredYesD5, D14, D23
Contractual onlyVoluntary notice only (MCL §450.731 et seq.).Next regular paydayNext regular paydayPolicy governsYesD14, D23
Contractual onlyVoluntary. Notice “as early as possible” for layoffs of 50+ (Minn. Stat. §116L.976).Within 24 hours of written demandNext payday (if <5 days away, the following one; max 20 days)Policy governs-D24
Contractual onlyFederal onlyNo state final-pay statuteNo state statutePolicy governs--
Contractual onlyFederal onlyDay of discharge, on demand (penalty up to 60 days’ wages)No state statutePolicy governsYesD24
Contractual onlyFederal onlyImmediately; next payday or 15 days if a written policy says soNext payday or 15 days, whichever firstRequired-D19, D25
Contractual onlyNebraska WARN Act (LB 921, signed 14 Apr 2026, eff. 18 Jul 2026): 100+ employees (part-time excluded from the count); 90 days’ notice of mass layoffs or closings. Penalty up to $100/dayNext payday or 2 weeks, whichever soonerSame as involuntaryRequired--
Contractual onlyFederal onlyImmediately (NRS 608.020)Next payday or 7 days, whichever soonerPolicy governsYesD9, D23
Contractual onlyRSA 275-F: 100+ employees; closing of 50+ or mass layoff of 25+ (if 33%) or 250+Within 72 hoursNext payday; 72 hours if one pay period’s noticePolicy governs--
Mandatory severance in mass layoffs 90 days’ notice. Mass-layoff count is statewide, not per site.Next regular paydayNext regular paydayPolicy governsYesD1
Contractual onlyFederal onlyWithin 5 days (10 days if paid by commission or task)Next regular paydayPolicy governs--
Contractual onlyNY WARN (Lab. Law §860): 50+ employees; closing of 25+ or mass layoff of 25+ (if 33%) or 250+Next regular paydayNext regular paydayUnless written policyYesD13
Contractual onlyFederal onlyNext regular paydayNext regular paydayUnless written policy--
Contractual onlyFederal onlyNext regular paydayNext regular paydayRequired--
Contractual onlyNew mini-WARN (R.C. §4113.31), eff. 30 Sep 2025: mirrors federal thresholds (100+ employees, 50+ at a site); 60 days, with notice to the state.Next payday or within 15 days, whichever is earlier (R.C. §4113.15)Next payday or within 15 days, whichever is earlierUnless written policy-D3, D4, D22
Contractual onlyFederal onlyNext regular paydayNext regular paydayPolicy governs--
Contractual onlyMirrors federal WARN (ORS 285A.510); requires notice to the state. No separate state penalty.End of first business day after terminationImmediately with 48h notice; otherwise 5 business days or next payday, whichever firstPolicy governs--
Contractual onlyFederal onlyNext regular paydayNext regular paydayPolicy governsYes-
Contractual onlyFederal onlyNext regular payday (24h on merger, relocation or liquidation)Next regular paydayRequiredYes-
Contractual onlyFederal onlyWithin 48 hours or next payday (max 30 days)Within 48 hours or next payday (max 30 days)Policy governsYes-
Contractual onlyFederal onlyNext regular payday (or when property returned)Same as involuntaryPolicy governs-D24
Contractual onlyPlant Closing & Reduction in Operations Act: covers only employers with 50–99 employees (the size federal WARN skips); 50+ affected over 3 months. No fixed notice period or penalty.Next payday or 21 days, whichever is laterSame as involuntaryPolicy governsYes-
Contractual onlyFederal onlyWithin 6 calendar daysNext regular paydayPolicy governs-D6, D24
Contractual onlyFederal onlyWithin 24 hoursNext regular paydayPolicy governs-D8
Contractual onlyNotice of Potential Layoffs Act: 50+ employees; 50+ affected in 90 daysWithin 72 hoursNext payday (or the following Friday)Policy governs-D24
Contractual onlyFederal onlyNext regular paydayNext regular paydayPolicy governs-D25
Contractual onlySecuring Timely Notification & Benefits Act (RCW 49.45), eff. 27 Jul 2025: 50+ employees; 50+ affected (no 33% test)End of the established pay periodEnd of the established pay periodPolicy governs-D12, D23
Contractual onlyFederal onlyNext regular paydayNext regular paydayUnless written policy--
Contractual onlyBusiness Closing & Mass Layoff Law (Wis. Stat. §109.07): 50+ employees; closing of 25+ or layoff of 25%/25+ or 500+Next payday (24h on merger, relocation or liquidation)Next regular paydayPolicy governs--
Contractual onlyFederal onlyNext payday or 5 working days, whichever firstSame as involuntaryUnless written policy-D10, D24

Part 11

Where the sources disagree

Each item compares what the source articles say against the statute or a recent primary or law-firm source. High means the error could change a compliance decision. Medium means a wrong number or an outdated law. Low means imprecise or incomplete wording.

D1

How many states require severance?

High
Workforce.com“Neither federal nor state laws in the United States mandate severance pay.”
SeveranceCalcDescribes New Jersey’s mandate; says nothing about Maine or Hawaii.
Foothold America“Only New Jersey requires it” and “New Jersey became the first state to require employers to pay severance.”
VerifiedThree states require payments. New Jersey (mass layoffs, since 2023). Maine: 26 M.R.S. §625-B requires 1 week per year of service for 3+ year employees when a 100+ employee establishment closes or has a mass layoff, and it predates NJ. Hawaii: HRS §394B-10 requires a 4-week dislocated worker allowance topping up UI after a closing or relocation. Workforce.com’s statement is simply wrong.
D2

Maryland mini-WARN notice period and threshold

High
SeveranceCalcEmployers with 50+ employees; 90 days’ notice.
Foothold AmericaEconomic Stabilization Act with 60-day notice for 25%+ workforce reductions.
Workforce.comNot covered
Verified60 days, for employers with 50+ employees, when a reduction affects the greater of 25% or 15 employees. Mandatory since 2020–21 amendments; enforced since final regulations took effect 13 Oct 2025. SeveranceCalc’s 90 days is wrong. Foothold is close but leaves out the 15-employee floor and the 50-employee threshold.
D3

Does Ohio have a mini-WARN law?

High
Foothold America“Mini-WARN: Federal WARN only.”
SeveranceCalcNot covered
Workforce.comNot covered
VerifiedYes. Ohio R.C. §4113.31 took effect 30 Sep 2025. It mirrors federal thresholds and adds notice to the state. Foothold’s page (updated Aug 2026) is out of date.
D4

Ohio vacation payout

Medium
Foothold America“Accrued vacation required.”
SeveranceCalcNot covered
Workforce.comNot covered
VerifiedOhio has no statute on vacation payout. Courts generally treat earned vacation as owed when there is no policy, but they enforce a clear written forfeiture policy. So payout is required only when the policy promises it or says nothing.
D5

Massachusetts final pay for fired employees

High
Workforce.comTermination: immediately.
SeveranceCalcMust be paid on day of termination if fired.
Foothold America“Final Pay: Next payday.”
VerifiedDay of discharge, including accrued vacation (M.G.L. c.149 §148). Late payment brings mandatory treble damages. Foothold’s “next payday” is correct only for resignations.
D6

Texas final pay

Medium
Workforce.comTermination: within 6 days. Resignation: next scheduled payday.
SeveranceCalcGroups Texas with “next regular payday” states.
Foothold America“Final Pay: Next payday.”
VerifiedFired: within 6 calendar days (Tex. Lab. Code §61.014). Quit: next regular payday. Workforce.com is right; the other two apply the resignation rule to everyone.
D7

Arizona final pay for fired employees

Medium
Workforce.comWithin 7 business days or next payday, whichever sooner.
SeveranceCalc“3 working days or next regular payday.”
Foothold AmericaNot covered
VerifiedWithin 7 working days or the end of the next regular pay period, whichever is sooner (A.R.S. §23-353). The 3-day figure appears to be an older rule; it isn’t current law.
D8

Utah final pay for resignations

Medium
Workforce.comVoluntary resignation: within 24 hours.
SeveranceCalcNot covered
Foothold AmericaNot covered
VerifiedThe 24-hour deadline applies only to involuntary terminations. Resigning employees are paid on the next regular payday (Utah Code §34-28-5).
D9

Nevada final pay for fired employees

Medium
Workforce.comTermination: within 3 days.
SeveranceCalcNot covered
Foothold AmericaNot covered
VerifiedWages are due immediately on discharge (NRS 608.020). Waiting-time penalties then accrue under NRS 608.040. Paycor’s chart repeats the 3-day figure, but it isn’t in the discharge statute.
D10

Wyoming final pay

Low
Workforce.comNext scheduled payday (both cases).
SeveranceCalcNot covered
Foothold AmericaNot covered
VerifiedNext regular payday or within 5 working days, whichever comes first (W.S. §27-4-104). The 5-day cap is left out.
D11

Colorado noncompete salary threshold

Medium
SeveranceCalcBanned under $112,500 “(2024 threshold, adjusted annually).”
Foothold AmericaNot covered
Workforce.comNot covered
Verified$112,500 was the 2022 figure. It was $123,750 in 2024 and $127,091 in 2025, and it is $130,014 in 2026. The customer non-solicit threshold is $78,008.40.
D12

Washington noncompete threshold and upcoming ban

Medium
SeveranceCalcRequires earnings above $116,593 “as of 2024.”
Foothold AmericaNot covered
Workforce.comNot covered
Verified$116,593 was the 2023 figure. The 2026 threshold is $126,858.83 for employees ($317,147.09 for contractors). ESHB 1155, signed 23 Mar 2026, bans nearly all noncompetes from 30 Jun 2027. No source mentions it.
D13

New York severance-agreement bill

Medium
Foothold AmericaProposed “No Severance Ultimatums Act” (S7609B): 21-day consideration, 7-day revocation, attorney notice.
SeveranceCalcNon-competes “under increased scrutiny”; no mention of the severance bill.
Workforce.comNot covered
VerifiedThe bill in the current session is S372A / A6480A. It passed both houses in June 2026 and, as of September 2026, awaits delivery to Governor Hochul. If signed it takes effect immediately, and non-compliant agreements would be void. Foothold’s bill number is from an earlier session and its status is out of date.
D14

Which states have a “state WARN” law?

Medium
Foothold AmericaLists Michigan (“State WARN with manufacturing focus”), Connecticut and Massachusetts as state-WARN states.
SeveranceCalcMassachusetts: “No state-specific WARN act.”
Workforce.comNot covered
VerifiedNone of the three requires advance notice. Michigan’s is voluntary. Massachusetts has voluntary notice plus mandatory continued health coverage in plant closings. Connecticut has no notice law, but it requires 120 days of employer-paid health coverage on relocation or closure (§31-51o).
D15

Florida and Georgia final pay

Low
Workforce.comN/A (no requirements).
SeveranceCalcFlorida grouped with “next regular payday” states.
Foothold AmericaFinal pay: next payday (both).
VerifiedNeither state has a final-pay statute. Paying on the regular payday is common practice under the FLSA, but no state rule requires it. Workforce.com is correct.
D16

Illinois final pay

Low
SeveranceCalc“Due by next regular payday or within reasonable time.”
Workforce.comNext scheduled payday.
Foothold AmericaNext payday.
VerifiedNo later than the next regular payday (820 ILCS 115/5). “Within a reasonable time” isn’t in the statute.
D17

How many states have mini-WARN laws?

Low
SeveranceCalcNames about 5 (CA, NY, NJ, IL, WI, MD, TN).
Foothold AmericaNames 7 as “State WARN” (incl. MI, CT, MA).
Secondary sourcesNational Law Review: 13. Onwards HR: 18 jurisdictions. LayoffData: 20.
VerifiedThe count depends on whether voluntary laws are included and how recent the source is. This atlas counts 16 mandatory laws (CA, DE, HI, IL, IA, ME, MD, NE, NH, NJ, NY, OH, TN, VT, WA, WI) plus 4 voluntary or limited ones (MA, MI, MN, OR). South Carolina’s old shutdown-notice rule, which some guides still list, was repealed in 2010. Recent additions: OH (2025), WA (2025), MD enforcement (2025), NE (2026).
D18

California consideration period

Low
Foothold America“5-day minimum for reviewing severance agreements.”
SeveranceCalcMentions only Civ. Code §1542 release protection.
Workforce.comNot covered
VerifiedGov. Code §12964.5 requires notice of the right to consult an attorney and at least 5 business days to consider. The employee may sign sooner. It applies to agreements with non-disparagement or confidentiality terms about workplace conduct.
D19

Montana final pay

Low
SeveranceCalc“Same day as termination.”
Workforce.comImmediately (within 4 hours or end of business day), or next payday / 15 days under a written policy.
Foothold AmericaNot covered
VerifiedWorkforce.com has the full rule. The immediate-payment default can be extended by a written policy, so SeveranceCalc overstates it.
D21

Delaware final pay

Medium
Workforce.comNext scheduled payday (both cases).
SeveranceCalcNot covered
Foothold AmericaNot covered
VerifiedSince the October 2022 amendment to 19 Del. C. §1103, final wages are due on the later of the next regular payday or 3 business days after the last day worked. Late payment brings liquidated damages of 10% of unpaid wages per day. Workforce.com’s rule predates the amendment.
D22

Ohio final pay

Low
Workforce.comNext scheduled payday.
SeveranceCalcGroups Ohio with “next regular payday” states.
Foothold America“Final Pay: Next payday.”
VerifiedR.C. §4113.15: final pay is due on the next regular payday or within 15 days, whichever is earlier. All three sources leave out the 15-day cap.
D23

State continuation (mini-COBRA): which states have no law

Medium
CobraHelp (aggregator)Lists continuation laws for MI (9 mo), WA (6 mo), ID (3 mo), NV (12 mo), HI (18 mo), and MA at 12 months.
FindCoverage (aggregator)No general law in AL, AK, ID, MI, NV (repealed 2013), WA; HI limited to sickness; MA 18/29/36 months.
State agencies / statutesMass.gov confirms MA’s 18/36 months. HRS §393-15 covers only sickness. WA has no law for employers under 20.
VerifiedAL, AK, ID, MI, NV and WA have no general continuation law. Hawaii’s only covers illness, not layoffs. Massachusetts mirrors federal durations. CobraHelp is wrong on all six of those states.
D24

State continuation durations: aggregator errors

Medium
CobraHelpAZ 6 mo · KY 9 · MO 9 · SD 12 · IN 3 · VT 6 · WY none · TX 9-15 · MN <20 employees only
FindCoverageAZ 18 · KY 18 · MO 18/36 · SD 18 · IN 12 · VT 18 · WY 12 · TX 9 + 6 after COBRA · MN any size
Statutes checkedA.R.S. §20-2330 (18) · KRS 304.18-110 (18) · RSMo §376.428 (mirrors COBRA) · SDCL §58-18-7.5 (18) · Ind. Code §27-8-15-31.1 (12) · W.S. §26-19-113 (12)
VerifiedWhere checked against statutes, FindCoverage was right each time and CobraHelp understated the duration. The health coverage table uses the verified figures. Montana remains unresolved and is labeled "Conflict."
D25

Does severance affect unemployment? Four states in dispute

Medium
SeveranceCalc blogIL: offset · VA: no offset · GA: no offset · MT: no offset
OkayNext guideIL: no effect · VA: deducted · GA: disqualifies weeks where severance exceeds the benefit · MT: may reduce the separation week only
State sourcesIDES / IL counsel: severance isn’t wages. VEC: severance is deducted once reported. GA DOL: ineligible while weekly severance exceeds the benefit. MT: may reduce the separation week.
VerifiedOkayNext is correct on all four. SeveranceCalc, from the same site as one of the original source articles, reverses Illinois and Virginia, which changes a laid-off worker’s benefits in both states.
D20

COBRA duration and scope

Low
SeveranceCalc“Up to 18 months post-termination.”
Foothold AmericaMentioned, no specifics.
Workforce.comNot covered
Verified18 months for termination, but up to 36 months for some qualifying events. COBRA applies only to employers with 20+ employees; smaller employers fall under state mini-COBRA laws.

Part 12

Sources

Verification sources

How the data was verified. Every item in the discrepancy section was checked against the statute or a recent law-firm or agency source, and the explorer, exceptions and table use only the verified value. Each final-pay rule either matches in two independent 50-state charts (Workforce.com and Paycor) or was checked against the statute where they disagree. Severance, mini-WARN, release, PTO-payout and service-letter rules were each checked against the statute or at least one law-firm or agency source. The health-continuation and severance-vs-unemployment tables were compared across two 50-state sources and checked against statutes or state agencies where they disagreed; each row shows its confidence. This is a research summary, not legal advice. Statutes change often, so confirm anything you plan to act on with the state labor department or employment counsel.