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View Full Version : LOA after CFRA (BENEFITS QUESTION) California


ladybug 21
05-17-2007, 02:36 PM
If I take my 6 weeks for PDL and then the full 12 weeks after that, which is covered under CFRA (all the while using my company's health benefits). Then, after CFRA is over I decide to take an additional leave of absence can I be required to pay back health care benefits? Would I only be required to pay back the benefits I used for the 12 weeks of CFRA and not for the 6 weeks of PDL? How long would I have to return to work (assuming I would leave again) in order to not have to pay back those benefits?
Do most companies really enforce you paying back that money? If they don't say anything about you being required to pay any money back is there some sort of time limit on them requiring any payback? (i.e. they can't demand the money year later).

Thanks!

ElleMD
05-17-2007, 02:43 PM
I'm not sure about PDL, but yes, they can require you to pay back any premiums paid while you were out on CFRA/FMLA if you choose not to return voluntarily. You must return for at least 30 days for it to "count". No returning for one day then going back out.

I can't tell you whether your employer will decide to collect the premiums back or not. Even knowing what most do doesn't help with what yours will do. No, they do not need to warn you of this up front.

ladybug 21
05-17-2007, 02:50 PM
So, could the company come back years later and require the money back? There's no statute of limitations?

THX!

ElleMD
05-17-2007, 02:51 PM
There isn't one written into the law, no. Why would they come back years later? Or are you just speaking hypothetically?

ladybug 21
05-17-2007, 03:00 PM
Yes, I'm speaking hypothetically because my employer is very slow to figure out the law. I can just see them not requiring me pay anything back for the remainder of the year I will be taking off. But, then if and when I come back to work I'm afraid they may try to dock my pay because I 'owe them money' ~ only because they took years to figure that out.
Do you know if it's common to have employers sue former employees for payback of health benefits in this type of situation? (assuming the employee would not or could not pay back that money)

THX!

ladybug 21
05-17-2007, 03:32 PM
When you say you must return to work for 30 days, is that 30 calendar days or 30 days of actual work?

ElleMD
05-17-2007, 05:40 PM
Again, even knowing what other employers do doens't help you. 99 in 100 employers doing one thing doesn't help you any if yours is the 1 that has a different policy.

It is 30 calendar days.

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