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Need help with FMLA question!!!! Arkansas

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  • Need help with FMLA question!!!! Arkansas

    I live here in Arkansas and I am out on FMLA for hand surgery. I am due to go back to work on May 25th. But I found out in the process of preparing for surgery that I have diabetes and my health has gotten worse. I don't feel that I can return to work. But I received a phone call from a woman in HR saying that if I don't come back they can sue me for paying for their share of my medical benefits. My share was paid through my Personal Time and Sick Time which I still have some of. I've been with them for 3 years and had over six weeks of time saved up.( I hardly ever took off)What can I do?

  • #2
    If you CHOOSE not to return to work, the FMLA statute gives them the right to charge you for any health insurance premiums they paid on your behalf during your leave. If you are medically unable to return to work, they cannot do so.
    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.

    Comment


    • #3
      cbg, this doesn't sound like a case of medical inabiity to return though, am I correct? The OP states that they don't feel they can return to work, so unless there is another mitigating factor the OP is going to be held responsible...
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        The poster's medical ability to return is not something I want to judge from here.

        If the poster can return to work and chooses not to, he or she CAN be charged for health insurance premiums. If he or she is medically unable to return, s/he cannot be.

        I'll leave it to the poster's doctor to make the determination as to which category the poster falls in.
        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.

        Comment


        • #5
          She said her health has currently gotten worse. I would assume it would depend on whether her doctor believes she can return on her scheduled date.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            cbg, you & I were typing our posts at the same time but you got yours submitted off first.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I was going somewhere with my statement...I'm sure you know where...and I thought I'd spark sone conversation between you, me and the Cards fan.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

              Comment


              • #8
                That Cards fan is happy. We swept the Braves 4 straight games!
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Originally posted by Betty3 View Post
                  That Cards fan is happy. We swept the Braves 4 straight games!
                  I was at a lunch meeting today, and was invited to a DBacks game...the gent that invited me, asked if there was any particular team I wanted to see...I stopped eating, looked at him and said (thinking of past chat you and I have shared) "listen, I'm from Chicago and am a Cubs fan, so rest assured that I can watch my team get beat by anybody and still have a good time!"

                  I thought the entire room was going to lose it!
                  Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                  I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                  Comment


                  • #10
                    This Red Sox fan completely understands.

                    But how about we get back on topic, 'k?

                    It's not clear to me if the poster is medically unable to return to work or if she is making her own decision.
                    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.

                    Comment


                    • #11
                      Doctor's call so to speak.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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