I have been on FMLA leave for 12 weeks and am ready to return to work on the designated date. While on leave I have decided to go part time with another company. I am returning to work on my designated date in order to fulllfill my obligation. I have given my 2 week notice. HR office is telling me an employee is required to return from leave for a minimum of 30 days prior of ending employment or the employer has the right to recover insurance premiums and other benefits paid to the employee while on leave.I am not aware of the 30 days, can you tell me if this is legal?

Yes it is legal. FMLA allows employers to recover premiums paid while an employee is on leave if they do not return for at least 30 days. It is silent on other benefits. What other benefits are you being told you must reimburse?

just to be clear the company is saying that I have to return and work for them for at least 30days before leaving for another job. My benefits they want repaid are PTO, vacation, holiday and floating holiday earned, dental insurance, aflac policy premiums, and vision expenses.

I am returning on the designated day decided after the 12 weeks. Wouldn't this have to be in written form and something I would have sign or at least see? thanks

They may reclaim the premiums paid. If the wages they want you to reimburse are earned and accrued leave, then no, they can not reclaim those. If they paid you leave in advance of you earning it or paid you salary continuation and their policy is that you must repay if you do not return for at least 30 days, then yes, that money can be sought.

As it is in the law that they may do this, no, they do not need to put it in writing to you ahead of time nor have you sign that you agree.

When I went on my leave I did not have any pto or vacation hours saved up to help me on maternity leave. I used them all up before. We get like 11 hours a month at work and so since I was not there they still paid me just for those hours each month so I would not accrue hours when I was not there.They just paid them to me. Do I have to pay that back?

If you hadn't earned the hours and they advanced them to you based on the fact that you would return to work, then yes, you can be required to pay it back.

ok my next question is that I got a separation letter from them saying that my last day of full time employment was on August 25th the day I went on maternity leave. It says that since I did not notify them of leaving until 11/9 that i will be responsible to pay back all benefits. I gave them a written notice of resigning on the 23 of november. So if they are saying I ended in August wouldn't go back on them for paying me if I was not their employee? I am supposed to report back to work on the 20th and was going to.But they are telling me not to because it won't cover the 30days anyway. So they are not allowing me to return to work.

This doesn't change a thing. I agree that it is silly to backdate your resignation to the last day worked but it is allowed. They paid you expecting that you would return for a minimum of 30 days. You did not. Therefore the law permits them to recoup this money. It doesn't matter that you would have been willing to work for 3 days, it was less than 30. Even if you had returned and worked for 29 days, they could still hold you responsible for this amount.

thank you :)