I am entitled for FMLA in Illinois. Large company, been employed 4 1/2 years.

My questions:

If I know I will not be returning but carry my own insurance, is it ok to inform my employer while I'm on maternity leave, as long as I'm paying the insurance premiums?

Meaning: Could I finish the 12 weeks off as long as I still pay my portion of insurance?

Meaning: Could I finish the 12 weeks off as long as I still pay my portion of insurance?

I think I understand your question. While you are out on FMLA if you pay part of your health ins. premium & your employer pays part & you voluntarily choose not to return to work after FMLA is up, the employer can require you to repay the cost of the health care prems. they pd. while you were out on leave.

Is that what you're asking - you are saying your portion of ins. - but then you are saying you carry your own ins. Do you mean your own individual policy?

You may want to read fron this link

29 CFR 825.213 - May an employer recover costs it incurred for maintaining ``group health plan'' or other non-health benefits coverage during FMLA leave?


Read 29 CFR 825.213(f)

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.213.htm