Return to work

lukkieseven

Here's a situation that just came up. A long-time employee is out on maternity leave under FMLA. She had child care all lined up to return to work November 1st. She now advises that the child care fell through and she cannot find any other child care that she and her spouse can afford. Therefore, she cannot return to her full time position, but can only return for 2 hours per week and that will only be until the end of June, at which time she'll terminate. My question is this: Does she have to pay back that portion of her medical premiums that we, the employer, have been paying while she was out on FMLA, or does her partial return of 2 hours per week cover her obligation to return to work, regardless in what capacity. Thanks for your input.

HRPeg

The fact that she is returning to work VERY part time would not allow her to have benefits with us. Your obligation is to return her to work in her former position, but it seems to me that unless you needed her to work only 2 hrs then you had fulfilled your obligation to return her to work, but she could not. I would then have her pay back her portion of premiums and generate COBRA paperwork.

Don D

Under those circumstances, yes, you would be allowed to recover what the Act allows you to recover. It may, however, not be worth 'fooling with'. Notwithstanding her fishy story about day care and it's unaffordability, don't return her to work on 'her terms'. She's gotten cozy with the situation and wants a part time job. You don't have one for her probably.