FMLA: Repayment of Insurance

[Jetta#2]

What is the name of your state? North Carolina

I am currently finishing up my 12 weeks of mostly unpaid leave for a new child. I, more than likely, do really want to go back to the job, but I fear that I will have to repay the insurance if I do not. If I put in a 2 week notice today, I will only have to work the last 3 days of it as the rest will still be covered under the leave. However, the employer can tell me not to come back to work at any time (even if 11 of those days are still under leave)--yes? no? If they tell me not to return to work, does that fall under the "recovery of insurance premiums: other circumstances beyond the emloyee's control" and I would not need to repay the premiums since it is their choice not to let me work it off. Also is there a standard for number of days you must return to work so this is not an issue either. Thanks for any advice you can give.

 

[cbg]

Yes, if you put in your notice today, your employer can tell you not to come back to work. In fact, I'd be surprised if they did not, since it is hardly worth their while to have you come back for three days and then leave again.

No, there is no standard number of days as in, as long as I work x number of days after I return from FMLA the employer cannot ask me for the return of my insurance premiums.

No, if you give your notice now and your employer does not have you return for those three days, that is very likely NOT going to fall under "beyond the employee's control". After all, you CAN return to work; it is YOUR choice that you are not doing so.

BTW, the employer is not REQUIRED to ask you to return your insurance premiums if you don't come back to work - they MAY do so but not all employers do.

 

[Jetta#2]

fmla: INSURANCE REPAYMENT

Interesting the way you phrased that it would be my choice to come back to work or not. I know that the "other circumstances" clause is intentially broad. After I put in notice, it is the company's choice that is beyond my control.

So little chance there. Hard to know what the company will do with regard to repayment.

I guess I can shorten my leave and give notice immediately up returning. I was hoping I wouldn't have to do that.

Any other ideas or thoughts?

 

[cbg]

No, I have no further thoughts or ideas. What you are trying to do is find a way to avoid your obligations under the law and still retain all of your benefits, while forcing the employer to give up their rights under the law, and I choose not to help you do that.

 

[Jetta#2]

fmla: INSURANCE REPAYMENT closing thought

I appreciate your candidness, but in typing with brevity I may have misspoken.

I want to repay my portion of the insurance that is NOT a question or issue. It was my insurance, I utilized it and I should cover it. But to back pay all premiums (the company's and mine) seems extreme.

Sorry I did not intend for this to sound like a way around the law, but merely to interpret some of the options and fine print, particularly your opinion on "circumstances beyond the employee's control." It seems broad and gray so I appreciated hearing your thoughts on it.

Thanks for your help.

 

[cbg]

Whether you find it extreme or not, the fact remains that the law gives the employer that right.

"Circumstances beyond the employee's control" means just that. It does NOT mean the employee planning to remain at home, but manipulating the timing to avoid repaying what the law says she is obligated to repay.