Am I obligated to pay back insurance benefits provided by employee if I quit after FMLA leave? First six weeks was paid by short term disability and second is paid leave.

First 6 weeks were paid by short term disability and second 6 weeks was paid leave. Does giving 2 weeks notice make a difference?

Asked on September 7, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

According to the U.S. Dept. of Labor, if you quit during FMLA leave--which includes quiting right after; i.e. you can't "game" the system by coming back to work for a few days or a week or so--you have to repay the cost of insurance you received during your leave, unless the reason you quit or did not return was some factor wholly outside your control. Your employer pays your benefits during FMLA on the basis you are simply taking a temporary leave and will return; by not returning or quitting, you violate that and entitle them to recover the cost of the benefits.

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