Maternity Leave Issue

[nyfloyd]

What is the name of your state (only U.S. law)?
New York, NY

My fiance has just given birth to our newborn child. She has been on FMLA and has to report back to work in late October 2011. With our hectic work schedules, she has decided to leave work permanetely to care for our newborn. The company she works for may make her liable for healthcare costs if she decides to resign after her leave. It's almost as if they are forcing her to return to work after her leave regardless if she has a newborn to care for. What options do we have?What is the name of your state (only U.S. law)?

 

[Betty]

Under FMLA if an employee voluntarily chooses not to return from leave, the employer may require the employee to repay the cost of the health care premiums it paid while the employee was on leave.

Is that what you are asking about?

 

[Betty]

Also, I'm not sure why you posted this under union issues.

 

[OHRoadwarrior]

She needs to go back to work for a few weeks to avoid the costs.

 

[cbg]

The FMLA statute very specifically gives the employer permission to do exactly what they are planning to do. If she voluntarily does not return from FMLA, they have the right under the law to require that she repay them for health insurance premiums paid on her behalf during her leave.

She has a choice of two options; she can repay them for the premiums, or she can return to work for a minimum of 30 days and not have to pay them.

 

[Betty]

The only time the employer cannot make the employee pay back the
portion of health ins. cost they paid on the employee's behalf when
on leave if they do not return is when the employee fails to return to work for reasons beyond the employee's control (ie serious health condition keeping them from returning).