Medical Leave And Finding A New Job

[SBG223]

What is the name of your state? CT

So I am on paid medical leave (100% pay through the company) for a medical problem that required surgery. I am nearing the 12 week mark and was planning on returning to work. The problem is that a new job opportunity presented itself. Would I have any legal problems if I resigned from my current job and took the new one? Would I first have to go back and resign and give notice? Please advise...

 

[cbg]

There is nothing illegal about accepting a new job while on medical leave. While you should resign, you are not required to go back to the old job and give notice.

Your employer MIGHT require you to repay them for any health insurance benefits (and ONLY health insurance benefits) that they paid on your behalf. They are legally allowed to require this but by no means all employers do.

 

[SBG223]

Do you mean the health insurance premiums? I am assuming that it would be the same cost as COBRA... If I go back and then resign do they still have the ability to collect? Finally, would they have to state that in the employee manual?

Thanks

 

[cbg]

Yes, I mean the health insurance premiums. They will be just very slightly less than COBRA. No, going back and giving notice will not make any difference; you're still not returning to the job.

No, they do not have to state it in the employee manual; they are granted the right to do that under the FMLA statute itself.

Remember I said they CAN do that, not that they WILL do that.