Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have exhausted my FMLA, short term disability and

I have exhausted my...

I have exhausted my FMLA, short term disability and currently pending long term disability in the state of Texas. I briefly went back for a week during FMLA prior to my illness getting worse. My question is, if I am released to return to work full duty and choose not to return, will there be financial penalties? Will I have to refund any benefits paid to me will on certified and approved leave? The company has greater than 50 employees. I have emailed my HR department and left voice messages. Nobody will answer any of my questions and I am unable to access company policy due to my password ***** deactivated because of my leave. Thank you.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas the company is Mednax

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been there for almost 10 years. I do not wish to return back to Mednax if released back to work but will if I face financial penalties. I am a single mom and can not afford any addition debt, living on 60% income has been a nightmare. My leave until Nov 17 has been certified, approved and paid. I have no reason to believe that my LTD will be declined. However, as of Dec 4 I am hoping to get a full release.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
11/30/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question

The only way they can make you pay back health insurance benefits that were paid while you are on FMLA leave would be to prove that you never intended to return to work. In reality that's all but impossible to prove on their part because they have to show your intent, which is impossible. Short-term disability pay is not paid back in any event.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
Experience: Exclusively practice labor and employment law.
Verified
John and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
6,049 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

6,049 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
On 7/28/2017, I had emergency surgery on my foot. Due to not
On 7/28/2017, I had emergency surgery on my foot. Due to not being with the employer for a year, I was unable to draw FMLA. I only had 5 sick days allotted. I was out on short term disability 7/28/17 … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Recently my brother in law was diagnosed with cancer stage
Recently my brother in law was diagnosed with cancer stage 4. He has holiday for 60 days already racked up. So he is good financially until end of January. He did not purchase long term insurance for … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I was terminated from my job on Feb 14th, while battling
I was terminated from my job on Feb 14th, while battling breast cancer and my FMLA was exhausted. A Human Resource reps contacted me the day before my termination to inform me that I would no longer b… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Hello. I was working for a company from January 2013 until
Hello. I was working for a company from January 2013 until the end of September 2013 until I went on Short Term Disability. I used up all of my Short Term Disability (which ended at the end of March 2… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
Hi. My question is how long is my employer required to hold
Hi. My question is how long is my employer required to hold my job for me according to FMLA guidelines per the state of Florida?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hello again. I received some additional information and was
Hello again. I received some additional information and was wondering if I could ask you a couple of questions. As we discussed earlier, I have become eligible for FMLA and I have it in writing. My sh… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am currently working part-time on short term disability in
I am currently working part-time on short term disability in a university and supposed to be returning to full time employment in February. the hr department is trying to push me to fill out long-term… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
After exhausting STDL, I was approved for LTD with no set time
After exhausting STDL, I was approved for LTD with no set time of return. This was in April. My employer JUST called me today to notify me that they were sending out a separation letter effective in 2… read more
John
John
Employment Lawyer
Doctoral Degree
6,049 satisfied customers
My husband had a double knee replacement he has exhausted his
My husband had a double knee replacement he has exhausted his short term and long term started on 2/17. He received a letter of termination from the HR department for March 8th stating they did not kn… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
The hosp has been paying me since putting me on leave
The hosp has been paying me since putting me on leave pending investigation..Medical problems have popped up, I am not released to go back to work. The hosp wants me to fill out FMLA papers. Then begi… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I have been on FMLA now since October 10,2011 for surgery for
I have been on FMLA now since October 10,2011 for surgery for my knee. I have been cleared by my doctor to return to work light duty for 6 weeks since 11/28/2011. The company has stalled in approving … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Hi Ive been employed by a major company for 25 years and
Hi I've been employed by a major company for 25 years and am currently out on an approved medical disability. I am scheduled to return to work on Nov. 1st. I will have been out on the disability for 4… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
Hi, I was sick and when I ask for sick leave from my company,
Hi, I was sick and when I ask for sick leave from my company, they did not allow it, so my Doctor suggested me to file for FMLA, and I also got approvals for 90 days short term disability from my empl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work for a law firm in California and have been on disability
I work for a law firm in California and have been on disability for 13 months. My doctor gave me the okay to return to work on 7/18 for PT hours for approximately 6 wks until I could be released to fu… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My FMLA is exhausted for this 12 month period. Can my employer
My FMLA is exhausted for this 12 month period. Can my employer terminate me while I am still out on company paid disability?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
An employee had a stroke and went on FMLA. The FMLA will be
An employee had a stroke and went on FMLA. The FMLA will be ending this month, but the employee has now been approved for LTD. Once the employee uses all PTO, what is the employers obligation to the e… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I was fired while out on short term disability. The termination
I was fired while out on short term disability. The termination letter said that my doctor wasn't supplying Met Life with the information they needed to approve my extension, so they considered me to … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I am currently on STD with my employer. I reside in Minnesota,
I am currently on STD with my employer. I reside in Minnesota, but my company is headquartered in Indiana. I was informed that as soon as I come back to work, I am fired. My physician has certified th… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x