+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    HKARLA75 is offline Junior Member
    Join Date
    May 2005
    Posts
    4

    Can I Resign From A Job After Returning From Fmla?

    What is the name of your state? MD

    I have been with my company since December 20, 2004 and I am going out on FMLA May 6th. I will be out until approximately June 20 since i will be recovering from surgery. I am not happy with this new position and I wanted to look for another job around my 3rd or 4th week out if up to it. I want to know will i be responsible for paying my job back for disability if I resign after coming back? Do I have to at least return to work for two weeks or more so i will not be financially liable for anything? The company pays for all of its employees to get short term disability after 5 days out. My company got rid of sick days last year so all time off is lumped under PTO.

    Also, I need to know if there is a possibility that I will have to pay them back anything since I have been an employee for less than a year? I thought I read somewhere that if a company grants u fmla they cannot later go back and change it while u are out.

    Thanks
    K
  2. #2
    pattytx is offline Senior Member
    Join Date
    Oct 2004
    Location
    small town, PA
    Posts
    9,442
    If you have been with your company only since December 2004, you are not eligible for job protection under FMLA. You must be employed at least one year.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  3. #3
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
    Posts
    14,991
    I want to know will i be responsible for paying my job back for disability if I resign after coming back? I can't imagine that would be the case but since nobody here is familiar with your employer's disability plan, it's impossible to say for certain.

    Do I have to at least return to work for two weeks or more so i will not be financially liable for anything? Same answer as above. None of us knows what your employer's policies are.

    Also, I need to know if there is a possibility that I will have to pay them back anything since I have been an employee for less than a year? I can't imagine your short tenure with the employer would make any difference.

    I thought I read somewhere that if a company grants u fmla they cannot later go back and change it while u are out. If you have been with your employer less than a year, then this the FMLA doesn't apply. Your employer may have (generously) extended medical leave to you but you have to be with an employer at least 12 months to qualify for FMLA.

    The only thing that occurs to me that your employer might wish to be repaid for if you don't return is any medical insurance premiums they paid for you while you were on leave. Since everything you are asking about is a matter of company policy, only your employer can answer your questions.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  4. #4
    HKARLA75 is offline Junior Member
    Join Date
    May 2005
    Posts
    4
    Thanks for the response ladies

    @Patty

    My job benefit administrator already approved me for FMLA two weeks ago


    @Beth

    The company handbook on the intranet does not address returning to work after FMLA. It just says that you are eligible for coverage on the first month following 30 continuous days of service. I do not want to ask HR or the benefits coordinator these questions for fear of being terminated before I leave on FMLA or for them reversing the decission before I leave.
  5. #5
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
    Posts
    14,991
    You are missing the point we both made. You may be going on approved medical leave but you are NOT going on FMLA. It is unlawful for an employer to attribute time to an employee's FMLA entitlement when such entitlement doesn't exist or doesn't apply. While your employer may choose to call it FMLA and may chose to provide medical leave to you within their FMLA guidelines, it's still not FMLA.

    If you are unwilling to ask HR these questions, then you're going to have to hope for the best at such time as you do resign.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  6. #6
    HKARLA75 is offline Junior Member
    Join Date
    May 2005
    Posts
    4
    Ok, now Im REALLY confused since my employer had me fill out FMLA paperwork. This is an email I received:


    Karla,

    Per our phone conversation today, you have notified me of your need to take Medical Leave due to a serious health condition. I have attached a preliminary “Employer Notice” letting you know this is FMLA qualifying and your obligations and expectations while you are on leave. Please read this notice very carefully. As we also discussed, I have attached the Certification of Health Care Provider form that you will need to have completed and return to me within 15 days to deem this request as FMLA-qualifying. Until this certification is received this will stand as a preliminary notice. (They received certification)



    You are eligible to receive short-term disability benefits once you have satisfied the 5 working day elimination period. I have attached the short-term disability brochure with specific information to initiate your claim. Your physician will need to call The Hartford as well to provide additional information. During the 5 day elimination period that you are out of work you will use your PTO. Thereafter, you will enter Leave Without Pay (LWOP) Matter Code 808 until you return from work. By this time you will receive short-term disability payments from The Hartford. It is your responsibility to enter your time each day.



    You are responsible for submitting payment for premiums due for health and dental insurance while on leave. These payments are due on the first of each month. Please make the checks payable to ??? and send them to my attention.



    You are tentatively scheduled to return to work on or about Wednesday, June 20, 2005. If for any reason your circumstances change please notify me immediately. Once you return to work please touch base to confirm you are back at work.

    If I do question HR are they legally obligated to keep what we discussed confidential? I do not want them to tell my boss that I am looking to possibly leave.
  7. #7
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
    Posts
    14,991
    This "is or or isn't it" FMLA thing only becomes an issue if you return to work and subsequently want to take additional medical leave. Because your upcoming leave does not qualify for FMLA, they cannot deny you a full 12 weeks of FMLA if you again apply for medical leave after you've been there for 12 months. The other matter to be aware of (although it may not be pertinent to your particular situation) is that because this is not FMLA, you aren't entitled to the protections afforded by FMLA.

    It's quite possible your HR person just hasn't realized that you don't actually qualify for FMLA. That's an easy step to miss. Or they simply treat all medical leaves as FMLA, using the same certification paperwork and nomenclature.

    If I do question HR are they legally obligated to keep what we discussed confidential? No. It's up to the HR person to decide whether to share your conversation with anyone else.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  8. #8
    HKARLA75 is offline Junior Member
    Join Date
    May 2005
    Posts
    4
    Thanks :-)

Similar Threads

  1. Job demotion after returning from FMLA
    By Tygerwoody in forum Hiring, Firing & Wrongful Termination
    Replies: 31
    Last Post: 05-01-2012, 09:07 PM
  2. Returning from FMLA to different job duties
    By staffaccnt325 in forum Job Discrimination and Harassment
    Replies: 2
    Last Post: 05-06-2011, 03:51 PM
  3. Being forced to resign after returning from Maternity Leave
    By lucasj1 in forum Hiring, Firing & Wrongful Termination
    Replies: 5
    Last Post: 01-11-2010, 07:01 AM
  4. Terminated 2 months after returning from FMLA
    By EricaCh in forum Hiring, Firing & Wrongful Termination
    Replies: 1
    Last Post: 08-08-2002, 04:08 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.