30 day return from FMLA?

WO

Hello All,

I have a new mother returning from FMLA leave and quitting as she wants to stay home with new baby. Am I correct that a return is defined as 30 days in the regs?

She must return for 30 days or reimbursement can be sought for the health insurance premiums paid??

Yes I believe I can convince her to stay on for 30 days but want to make sure the 30 days is valid before I speak with her.

Is this 30 day return requirement correct?

WO in WA

Beverlee

Yes, 30 days is correct:

Paragraph 3- section C

[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.213.htm[/url]

hope that works!

WO

Yes, thank you that works perfectly. Thanks for the quick reference.

The employee has agreed to stay the additional days. Which of course gives her another paid holiday on January 1.

Isn't that nice of us?

Beverlee

Yes, yes it is! x0:)
Last year I had a new mom- refused to come back for 30 days and I did recoup our expenses. But then again, I am such a witch! ;;)

WO

Thanks for your response. I would have been the witch too, if I had not convinced her to stay a few extra days.

It is nice to know i am not alone.

stilldazed

We're all witches in disguise.

Earl

Ooh, thanks for the great reference. I noticed in paragraph D - you can not recover the employer's share is your company policy requires the use of paid leave first while on FMLA.

It also leads to another question: If the ee is injured say, and can not return to work before FMLA expires - would you still collect the er share of the premium?

WO

My understanding is that if the employee cannot return to work due to the FMLA medical condition then you may require reimbursement.

Our policy requires concurrent use of paid leave. I was not aware this would negate the reimbursement for non-return. Thanks for that.

WO

WO

OOPS, that was a typo, in the first sentence.

My understanding is that if the employee cannot return to work due to the FMLA medical condition then you may NOT require reimbursement.

Sorry for that. WO