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Paying Back Premiums at end of FMLA

HRliferHRlifer 8 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Does anyone have feedback or interpretation regarding trying to define "RETURN" to work at the end of a FMLA leave in order to avoid paying back premiums. The law doesn't define return to work so if an employee returns to work for 1 hour or 1 day does the employer's option to request re-payment of back premiums for health insurance end? Or can an employer set a specific timeframe (like 30 days back in job) in which it would be expected that the employee return to work in order to avoid having to pay back premiums.

I currently have an employee asking this question. Her FMLA (12 weeks) is exhausted in a couple of weeks and she has indicated to her supervisor that she isn't yet sure she wants to return to work (she had her second child). But has also now asked how long she needs to "return" to work in order to avoid be requested to pay the employer's share of back premiums.

Any feedback or assistance would be great!

Thanks!
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  • 4 Comments sorted by Votes Date Added
  • PAhrPAhr 165 Posts
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    I have heard it is one month but don't quote me on it. I have a quick reference guide that I recieved from the DOL and it actually doesn't say anything about this situation. All it says is "An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of an intent not to return to work at the end of the leave, or if the employee fails to return when the FMLA leave entitlement is exhausted........In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave." that makes it seem like they could walk through a revolving door but i'm sure there is some time frame they must actually stay at work. I'll keep looking.
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  • PAhrPAhr 165 Posts
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    I found it. At [url]www.dol.gov[/url] (and it took forever to actually find the right section). Do a google search (believe it is easier this way) and type in "fmla sec. 825.213" and you will see 29cfr825.825.301-what other notices to employees are required.... .Click that. You will see a section toward the top of the page that says title 29, chapter v, part 825, click on part 825. Now under subpart name click on B. Then just scroll down until you see sec. 825.213 and click on that. I copied the secific section you need but you may want to read all of it as it is very detailed to specific circumstances...."(c) An employee who returns to work for at least 30 calendar days is
    considered to have ``returned'' to work. An employee who transfers
    directly from taking FMLA leave to retirement, or who retires during the
    first 30 days after the employee returns to work, is deemed to have
    returned to work." I hope this helps.

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  • HRliferHRlifer 8 Posts
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    Thank you, Thank you! I got what I needed. You assistance has been extremely helpful! I was in the DOL site yesterday, I guess I just needed to dig into it further! Thanks again!



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  • PAhrPAhr 165 Posts
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    I know. You would think they would make it easier to find these things. Did my directions help you any? normally I wouldn't have put all that in there but I had such a hard time finding it I figured I better give exact directions to it. It's almost like they are trying to hide it from you.
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