I am about to go on maternity leave. By law I am allowed to take up to 12 weeks off. However, I only have about 6 weeks worth of sick and vacation time accrued and my employer has informed that if I go on unpaid leave, whether it be because I choose to or because I have to (if I'm not well enough to come back after those 6 weeks) that I will have to reimburse them for insurance benefits they pay while I am on leave without pay. It sounds fair enough and I've tried looking up any laws regarding this but can't find any, and many folks I've explained this to find it suspicious. Thanks for your help.
2007-06-21 09:24:06 · 5 answers · asked by Krista B 6 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Yes, this falls under FMLA leave.
2007-06-21 11:15:57 · update #1
If you are taking this leave under The Family Medical Leave Act your benefits are supposed to stay intact with no changes. In other words, if you presently pay no premium towards your benefits you cannot be expected to pay while on leave. If this is a personal leave under some type of company policy and not FMLA then they can dictate you pay your own premium.
2007-06-21 11:00:52 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Yes, up to a point. I know there is a provision in the law that allows them to seek reimbursment from you for some health care benefits. Most companies don't do this however, since as a practical matter its time consuming and rarely worth the effort.
Best bet would be to check with an attorney in TX, find one that handles employment benefits issues.
2007-06-21 10:29:46 · answer #2 · answered by Anonymous · 1⤊ 0⤋
They could drop your coverage, I suppose. But you'd be post-natal with no insurance. Not a very comfy place, IMHO.
I don't find it suspicious. Your insurance is a benefit of employment; it's part of your compensation package just like your paycheck. If you go on unpaid leave then you don't get any pay or benefits. If you want your insurance to continue, you have to pay for it out of your pocket. Or terminate coverage.
2007-06-21 10:01:14 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 1⤋
Well in my experience I had to pay my employer directly for my health insurance while on maternity leave. So its not like you are paying them something that you are not using, its just that when you are activiely working it comes out of your check bi-weekly or monthly which ever is your case, but since you won't be receiving a check for the reminder of time you are off, you have to pay out of pocket.
2007-06-21 09:32:18 · answer #4 · answered by Sassy 3 · 0⤊ 1⤋
No they cannot make you pay for medical benifits. But they likely won't be paying the premiums so if you want to keep your benifits, you'll have to pay.
2007-06-21 11:34:11 · answer #5 · answered by Anonymous · 0⤊ 1⤋