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Confused about FMLA & STD

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  • Confused about FMLA & STD

    Please start your own thread instead of attaching your question to someone else's. It is very confusing for the responders to have more than one question in the same thread.

    You are on medical leave. We don't know if you are on FMLA or not, since FMLA has a strict, Federally mandated list of eligibility requirements and you have given us no idea if you meet them.

    It is not incorrect to refer to disabilty leave. The acronym STD specifically refers to the income replacement portion of the benefit. But you can call the leave whatever you want to call it. You can call it medical leave. You can call it disability leave. You can call it a toaster. You can call it Gary. What matters is not what you call it, but whether or not any state or Federal protections apply, and what your company's policy says.

    In the other post you hijacked, I made an effort to distinguish between repaying STD benefits and repaying health insurance benefits. I don't know how to make it any more clear than I already have; UNDER NO CIRCUMSTANCES WILL ANY EMPLOYEE BE REQUIRED TO REPAY STD BENEFITS BECAUSE THEY DID NOT RETURN FROM LEAVE. You can take that to the bank. It is not going to happen. You can quote me on that. In all the years I have been working with benefits, I have never seen or heard of a plan with that provision; nor has any poster on any board where I volunteer ever posted that they have actually been required to repay STD benefits when they chose not to return. Despite the number of people who were posting to ask if they would be required to, if anyone ever DID get required to repay STD benefits, they didn't post it anywhere that I could see.

    Health insurance benefits fall under different laws. If the employee is on FMLA and VOLUNTARILY does not return from leave (no matter what you call the leave) then the law specifically gives the employer permission to require the repayment of health insurance premiums. Not all employers avail themselves of the permission, but it is there. If the leave is NOT FMLA, the law is silent on the matter, meaning that permission is not specifically granted, but it is not prohibited either. As I said before, in 30 years of administering benefits and thirteen years of volunteering on message boards, I have yet to hear of an employer who required the repayment of health insurance premiums for non-FMLA leave, and I have only heard of a few that availed themselves of the permission to require it of FMLA leave.

    What else do I have to say to get this point across? (Bang head here.)
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.