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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.

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Answered in 2 minutes by:
11/30/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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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: 5,962
Experience: Exclusively practice labor and employment law.
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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
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Experience: Exclusively practice labor and employment law.

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