FMLA AGAIN!

JudyB

Hi Guys
Have been reading the posts on employees being required to pay back the employer portion of the health premium. I really need to know in what instances you can do this. Are there any regs that govern this. What are the "instances" that you can request the ee to pay back the er part if they do not return from FMLA. I am confused as to whether there are any strict guidelines on this.
I have an employee who is going out on FMLA and has said she may not come back she is not sure yet or not. My guess is she won't and if she finds out that she will be required to pay back she will probably return and then turn in her notice! Any advice will be useful.

Debra F

The law says that if an employee does not return to work for a minimum of 30 days, the employer has the right to recover the cost of all premiums paid while they were on FMLA. Naturally, it is up to the employer as to whether or not they do this, but it is within your rights.

Neferlaw

The regs also say that if the leave is paid you may not recover the premiums paid.