Q. We have an employee who failed to return from an
A. The short answer is yes. An employer may recover its share of health plan premiums during a period of unpaid leave from an employee if the employee fails to return to work after the employee’s FMLA leave entitlement has been exhausted or expires.
However, it’s illegal to do so if the employee did not return because of:
- The continuation, recurrence or onset of a serious health condition of the employee or the employee’s family member which would otherwise entitle the employee to leave under the FMLA
- Other circumstances beyond the employee’s control.
An employee is deemed to have “returned” to work if he or she returns for at least 30 calendar days, or if the employee retires.
This rule applies only to unpaid FMLA leave. If an employer requires an employee to substitute paid leave for FMLA leave, the employer cannot recover its medical insurance premiums.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8240/any-way-to-demand-repayment-of-health-insurance-premiums "
- Can FMLA leave cover routine tardiness?
- FMLA now covers care for partner's, other relative's children
- 'Gender expression' now protected in N.J.; check dress code
- Notify 'key employee' right away if denying reinstatement to job
- Mere 'association' with a disabled person doesn't trigger need to accommodate