Under family leave

[faithnlve]

What is the name of your state (only U.S. law)? Vt. Ok, my daughter is due for a baby in February. Yeah! Grandma for the first time. She is planning on working through her pregnancy and taking a 6 week leave. She is having thoughts about not going back to her job after having the baby, but has not made up her mind yet. Today, her supervisor pulled her into her office and told her that if she takes her family leave and does not come back after she has the baby she will have to PAY them back for the six week benefit pf family leave she took. Is this true? I know employers have to have position still there, but if the "employee" decides to be a stay at home mom after their 6 weeks, can they make her pay that back? It's not like she is giving birth to air. She has worked their for 6 years. Oh, and by the way this is a hospital she is employed by. Thanks, Faith

 

[swalsh411]

Where would this pay be coming from that they said she would need to pay back? Disability insurance? Sick leave?

 

[Zigner]

What is the name of your state (only U.S. law)? Vt. Ok, my daughter is due for a baby in February. Yeah! Grandma for the first time. She is planning on working through her pregnancy and taking a 6 week leave. She is having thoughts about not going back to her job after having the baby, but has not made up her mind yet. Today, her supervisor pulled her into her office and told her that if she takes her family leave and does not come back after she has the baby she will have to PAY them back for the six week benefit pf family leave she took. Is this true? I know employers have to have position still there, but if the "employee" decides to be a stay at home mom after their 6 weeks, can they make her pay that back? It's not like she is giving birth to air. She has worked their for 6 years. Oh, and by the way this is a hospital she is employed by. Thanks, Faith

Sounds like "Paid Family Leave" - I don't believe that Vermont has any legally required "Paid Family Leave", so this would revert to the policy of the employer. So, it sounds like the supervisor knows how it works...

 

[ecmst12]

I think if you don't come back after FMLA you can be required to pay for the health insurance premiums that your employer paid on your behalf during your leave - the employer portion, since the employee always continues to be responsible for the employee portion.

 

[swalsh411]

I think if you don't come back after FMLA you can be required to pay for the health insurance premiums that your employer paid on your behalf during your leave - the employer portion, since the employee always continues to be responsible for the employee portion.

Not always. Some plans are written so as not to allow the employee to pay their portion using after tax dollars. (which is what it would be if they were not getting a pay check).

 

[justalayman]

Not always. Some plans are written so as not to allow the employee to pay their portion using after tax dollars. (which is what it would be if they were not getting a pay check).

but if the employer pays anything towards the insurance, if the employee does not return, the employee can be held responsible for what the employer paid. While on FMLA, the employer is always required to continue to pay their portion (it any) of the insurance premiums just as if the employee was still working.


this concerns only what the employer pays, not the employee.

 

[Betty]

Agree with justalayman. If she is taking FMLA leave - employees may keep their health benefits while on leave & employers must continue to pay whatever premiums the employer would pay if the employee were not on leave. If the employee voluntarily chooses not to return from leave, however, the employer may require the employee to repay the cost of the health care premiums it (employer) paid while the employee was on leave.** The employer may not seek reimbursement if the employee fails to return to work for reasons beyond the employee's control (example - a serious health condition that does not improve so the employee cannot return to work).

**The employee must return to work for at least 30 days not to have to pay back the premiums.

It's the employer's decision whether to require that the premiums it paid while the employee was on leave be paid back if the employee does not return - they "may" require that they be paid back.

 

[justalayman]

**The employee must return to work for at least 30 days not to have to pay back the premiums.
.

glad to see somebody clarified that. Up to now I don't recall it being specified and it is an important point.