When you go out on FMLA for maternity leave but then decide that you aren't coming back to work, do you have to return to work for a short period of time to prevent them from wanting reimbursement of the benefits paid during the FMLA leave.
My mom said that if I take a FLMA leave but then decide not to return to work, the employer can bill me for the benefits I used during the leave.
Help!
jcndd
Posted:
Member since
Re: FLMA Question for HR professionals
In the companies I worked for that is not the case at all. Those benefits are ones that you have accrued from your time ALREADY there - not anticipated time there. In most cases people don't tell their employers they aren't coming back until after their FMLA is up.
Calla
Posted:
Member since
Re: FLMA Question for HR professionals
I asked Labor Relations about this at work. Their answer was that as long as you intend to come back to work, you are entitled to the benefits. If you change your mind while on leave, you should notify them, and benefits would stop from that point on. Of course they can't read your mind, but I was worried about being 'professional'. This may vary from employer to employer...
M&M2004
Posted:
Member since
Re: FLMA Question for HR professionals
Thanks for the info!
I found a good booklet on FLMA and items #37 & 38 answered my question.
It really depends on the company's policy. My last employer required that you reimburse them because the benefit was paid by the company 100%. My new employer reserves the right to request repayment, but we never do. You should read your companies policy carefully in the handbook.
