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== == It doesn't look like your protected under the Federal Family Leave Act Synopsis of Law Covered employers must grant an eligible employee up to a total of 12 workweeks of UNPAID leave during any 12-month period for one or more of the following reasons: for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. http://www.dol.gov/esa/whd/fmla/ What does the Employee Manual say? Thanks for helping. Co. Manual states: "If an employee fails to return to work after the leave, the Company may recover from the employee the premiums it paid during the leave, unless the failure to return is because of serious health condition or other circumstances beyond the employee's control." So to answer your question. The manual really doesn't address what is concerning me. This is the situation. Tell me what you think? I plan on taking my maternity leave and there is a possiblity that my husband will be starting his own company so I would like to, upon my return, put my two weeks in to my company to stay at home and help with the family business. Should I wait a certain amount of time upon my return to do this because I have heard of that some employers might be able to charge the back premiums? Thanks again for the additional help or advice.

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15y ago
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11y ago

If your employer was good enough to advance your small portion of the premium that you pay for your health insurance then I would think that you would be gracious enough to repay this amount to them willingly. If they wish to push it you really would not only owe them the portion of the premium that you pay but the entire premium amount that was paid since you really were not an employee since the day you left. If your intent is to screw over the company who gave you employment these years and paid for your medical expenses when your child was born, read state law or see a lawyer.

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Q: Can your employer charge back insurance after maternity leave if you decide not to return to work or is there a certain duration required to return to work in order to not have to pay back insurance?
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