After maternity leave, can an employer have you pay back both your health

benefits payments as well as their health benefit payments for the 12 weeks off?

Asked on August 25, 2018 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you returned to work, they cannot require you to pay or repay that portion of your health insurance which they normally pay for. They can require you to pay your normal portion of the cost of health insurance, if you did not pay it and they picked it up at the time. They have to maintain your health insurance, but don't have to pay more for it than they normally would.
If you did not return from maternity leave or returned for only a de minimis time (e.g a week) before quitting/resigning, they can require you to repay them their portion of the health insurance premiums they paid while you were on leave. Maternity leave is founded on the idea that it is a temporary leave from work and you are returning. If you don't return, it is considered that you did NOT in fact take maternity leave, but simply defrauded your employer into paying for benefits when you had left employment and were not otherwise entitled to them.


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.