How do we get out of paying for employer insurance during FMLA?
April 30, 2012 12:10 PM Subscribe
FMLA-Filter: What counts as officially "returned" to work after the 12 week FMLA for maternity leave?
posted by amazingstill to Law & Government (9 answers total)
This is a question for my wife. She is about to go on maternity leave through her employer. She works full time and is entitled to FMLA. She will continue to have unpaid leave but maintain health insurance through her employer. My wife also plans on eventually quitting her job. Now from what I understand is; according to FMLA, the employer has the right to collect it's paid premiums on the insurance it has maintained for the employee during the leave if the employee fails to return from work. This is defined in section 104, C.
This would amount close to $1000 out of pocket by the end of her leave if she would quit at the end. She said she would be willing to work say a week back in the office after FMLA to qualify as "returned" to work as to not have to pay the employer portion of the premium on the incurred insurance she used during maternity leave. My question, how long does one have to return to work to qualify not having to pay insurance premiums while on FMLA? I read her documents from her employer and the linked FMLA atricle but could not find a definition of what counts as "returned", thinking that a week back in the office after maternity would count as not having to pay back the insurance premiums. Has anyone have experience with this? Baby is due in about a week!