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  1. #1
    crxer69 is offline Junior Member
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    Can Employer Make You Pay for Health Insurance while on disability?

    What is the name of your state (only U.S. law)? California

    If I was on short term disability and decided not to return to work, can the employer legally require me to pay them back for health insurance premiums while I was out on leave for the past 3-4 month? They called and requested to be paid back.What is the name of your state (only U.S. law)?
  2. #2
    cbg
    cbg is offline Senior Member
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    Were you on FMLA?

    If you were on FMLA and you made the decsion not to return to work, the FMLA statute expressly gives the employer permission to require you to repay them for health insurance premiums.

    Even if you were not on FMLA, I'm not aware of any law that prohibits them from asking. But if you were on FMLA, the law specifically grants them permission to do so.

    If you were UNABLE to return to work, that would be a different story. But if you CHOOSE not to return to work, they can.
  3. #3
    crxer69 is offline Junior Member
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    Wasn't on FMLA

    Injured the shoulder and neck and couldn't work. (Injury didn't occur while on the job). Made the decision to not return to work and notified them of quitting. A day later, HR calls and asks for repayment of health insurance premiums for the months of work off while on disability. I guess I'm just wondering if they can legally make me repay them or if its just simply them asking. It just appeared a little malicious on their part.
  4. #4
    ecmst12 is offline Senior Member
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    Did you not QUALIFY for FMLA? Because if you did, even if you didn't specifically request FMLA, your leave was protected just the same.
  5. #5
    xylene is offline Senior Member
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    You didn't really answer the question of why you quit / did not return.

    Were you unable to return to work? (and if so did you decide this yourself or did a doctor decide)

    OR

    Did you just quit for personal reasons?
  6. #6
    crxer69 is offline Junior Member
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    The reason for not returning to work was deciding that the job was going to be too strenuous, physically and wanting to pursue a different route in the future. However, the doctor still didn't clear me to go back to work, even if I wanted to.

    I'd have to look into the FMLA, if I did fall under it. I didn't think so but maybe I did.
  7. #7
    cbg
    cbg is offline Senior Member
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    FMLA applies when all of the following are true:

    1.) The employer has 50 employers or more within 75 miles of your location
    2.) You have worked for this employer for no less than 12 months
    3.) In the 12 months immediately preceding your leave, you worked a minimum of 1,250 hours
    4.) You or a qualified dependent has a serious health condition as defined by statute.

    If all the qualifying criteria are met and the employer is aware that #4 is true, he MUST apply FMLA whether you ask for it or not.

    Keep in mind that in the event that FMLA does not apply, the law is silent on whether or not an employer can require you to repay insurance premiums when you voluntarily do not return. In the absence of a law prohibiting an action, that action is generally considered legal. It's just that if FMLA applies, there is a statute the employer can point to which expressly gives them permission.
  8. #8
    shaz-b is offline Junior Member
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    my husband is in the same sittuation

    hi,
    to the lawyer that responded on this question, my husband was sent an insurance bill for 1700.00 after being out of work for 6 months with 3 buldging discs in his back, what the employer was not aware of at the time, is that he has applied for ss disability because of many other health problems on top of the back problem. Can they legally do this? there are appox. 25 employees at this location and approx. 30 at another however both companys have different names. I have since informed them that he is not coming back, and to date they are HOLDING HIS PERSONAL TOOLS AND TOOL BOX FOR RANSOM until we pay this money for the insurance, CAN THEY DO THIS? my husband wants his toolbox back! please advise
  9. #9
    cbg
    cbg is offline Senior Member
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    If your husband was UNABLE to return to work for medical reasons after his FMLA expired, then they cannot require him to repay them for the health insurance premiums they paid on his behalf during FMLA. They can only do that if he VOLUNTARILY does not return to work.

    Do the two companies have common ownership?

    They are NOT required to continue paying for his health insurance after the FMLA expires. However, rather than charging him for the ongoing premiums, what they should have done was cancelled his insurance and sent him COBRA information so that he could CHOOSE whether or to take it.

    I would run this whole situation by the Federal DOL and/or an employment attorney.
  10. #10
    cathyinnj is offline Junior Member
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    I live in NJ and I was out on temporary disability for 4 weeks. I was paid 66% of my earnings. My question...Do I have to pay back to my employer for health insurance premiums?
  11. #11
    cbg
    cbg is offline Senior Member
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    The answers have not changed from the ones given to the original poster of this thread.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.

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