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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I put in for FMLA with a company I have worked for the last

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I put in for FMLA with a company I have worked for the last 12 years. I have 47 hours of sick leave in which the FMLA will be drawn from. Question: "Can I quit work when the 47 hours are exhausted or do I have to return to work?"
Thank you,
Cindy
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

You do not legally have to return to work from FMLA. However, if you do not return to work, the employer's portion of your insurance premiums that they were paying can be recouped from you. They only have to pay those premiums if you return to work. If you don't, they can actually bill you for them.
Customer: replied 3 years ago.

I don't understand how long I will have to return to work? Can I just go to work for a few hours and then quit? I am in extreme pain and my employer is insisting I drive over two hours a day.

A few hours is not going to be enough.

The point is the FMLA leave is not supposed to be used as a transitional leave period, where your employer has to pay your insurance premiums as though you are an continuing employee when you have no actual intention of returning to work.

The instance that you drive for that period of time is unfortunate, but it doesn't change the absolute rule of this insurance premium issue. The employer does not have to pay your insurance premiums for the FMLA period that you are absent if you do not return to work for a meaningful (yes, that's a slippery term) period of time following the FMLA time off so that it appears that you actually did intend to return to work when you went out on FMLA.

I think it would be reasonable for you to return to work for a week, perhaps two, so that you can legitimately state that you tried to work after your FMLA was over, but you just couldn't do it. One to two weeks is a very reasonable attempt to make that transition back to work and to truly see if your body can handle it. At least, that's the argument that you'd give yourself.

If you just returned to work for a couple of hours and then quit, it's going to be fairly obvious that that was the intention from the start, and they'll legally have the right to bill you for the employer's premium they paid during your FMLA absence.
Customer: replied 3 years ago.


Thank you for your answer. At this time I do appreciate you and your time, but I do not wish to continue with your service. So, I am only going to pay for the $36.00 that was taken from my PayPal account.


Thank you so much,


Cindy

So, you would like me to have them cancel any sort of subscription.

Understood.

Once you have rated my service, I'll have the customer service section handle that for you.

Take care.
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