Can You Resign After FMLA Without Repaying Health Insurance Premiums?

Question from Laura, Can You Resign After FMLA Without Repaying Health Insurance Premiums?

Answer from AI:

If you have a continuing medical condition after your Family and Medical Leave Act (FMLA) leave has ended, you might be considering resigning from your job. One common concern is whether you will have to repay your employer for the health insurance premiums they paid during your FMLA leave. Here’s a general explanation of how this works under U.S. law.

Understanding FMLA and Health Insurance

The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. During FMLA leave, employers are required to maintain the employee’s group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Repayment of Health Insurance Premiums

Under the FMLA, there are specific circumstances where an employer can require an employee to repay the health insurance premiums paid on their behalf during FMLA leave:

• If the employee fails to return to work after the FMLA leave has been exhausted or expires.
• If the employee resigns from their position after the FMLA leave period.

However, there are exceptions to this rule:

1. Continuing Medical Condition: If the reason for not returning to work is due to the continuation, recurrence, or onset of a serious health condition that would entitle the employee to FMLA leave, the employer cannot require repayment.
2. Other Circumstances Beyond Control: If there are other circumstances beyond the employee’s control that prevent them from returning to work, repayment may not be required.

Steps to Take

If you are considering resigning due to a continuing medical condition, here are some steps you might take:

1. Document Your Condition: Ensure you have medical documentation that clearly states your continuing medical condition.
2. Communicate with Your Employer: Inform your employer about your situation and provide the necessary medical documentation.
3. Consult a Legal Professional: Given the complexities of employment law, it is advisable to consult with an employment attorney to understand your rights and obligations fully.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• U.S. Department of Labor – FMLA
• Code of Federal Regulations – 29 CFR § 825.213

When to Seek Legal Advice

If you are unsure about your specific situation or need personalized advice, it is crucial to consult with a legal professional. An attorney specializing in employment law can provide guidance tailored to your circumstances and help you navigate any potential legal issues.

Remember, while this information provides a general overview, individual cases can vary significantly, and professional legal advice is always recommended for specific concerns.