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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.