After a loss
Notifying an employer and claiming workplace benefits
A job can leave behind more than a final paycheck.
Current as of October 2026. Laws and figures can change — see full disclaimer.
If the person was working when they died, their employer usually has money and benefits to pay out. Some of these have deadlines, so families often contact HR within the first few weeks.
What an employer may owe
- The final paycheck, and in some states, unused vacation pay. State laws vary.
- Group life insurance, often one or two times salary, sometimes with extra coverage the person bought
- Retirement accounts like a 401(k) or 403(b), which go to the named beneficiary
- A pension, if there is one, which may pay a survivor benefit
- Stock options, bonuses or commissions that were owed
Health insurance for the family
If the family was covered through the person's job, coverage usually ends soon after the death. When a covered employee dies, the federal COBRA law usually lets their spouse and dependents keep the same coverage for up to 36 months, though they pay the full cost. COBRA generally applies to employers with 20 or more employees, and many states have similar rules for smaller ones.
Losing job-based coverage also allows the family to sign up for a marketplace plan at HealthCare.gov outside the usual enrollment period, usually within 60 days.
What HR usually asks for
- A certified copy of the death certificate
- The beneficiary's details for each benefit
- Sometimes proof of the executor's authority
Former employers can matter too. An old pension or a 401(k) left at a past job still pays out. The US Department of Labor's free Retirement Savings Lost and Found database can help find plans from former employers.
- COBRA for family after an employee's death: up to 36 months
- Employer size COBRA usually applies to: 20 or more employees
- Marketplace sign-up window after losing coverage: usually 60 days
- Last verified: October 2026 against dol.gov and healthcare.gov