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Mom on FMLA, wants to resign NYC job

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  • Mom on FMLA, wants to resign NYC job

    My wife's company is based in CA but has an office in NYC (where we are). Not sure of how many employees, but they only offer FMLA and no other maternity benefits.
    Both of us agreed that we would rather she resign to stay at home with the baby. What are the NYS laws regarding this? Does she have to go back to work because she was on FMLA or can she just resign at the end of the period? Since FMLA is unpaid, we received no salary from her firm while she has been out, however we did receive full medical under her plan (I don't have just yet) including the birth.
    What is our recourse?

    Thanks, Melissasdad

  • #2
    Dad, I think the FMLA allows the employer to request repayment of medical insurance premiums paid for the employee during the leave if the employee elects not to return. Let me check further on that though and I'll post again.

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    • #3
      Okay, I have it now.

      "The employer may recover the premium it paid for maintaining group health plan coverage during any period of unpaid leave if the employee fails to return from leave at the expiration of the leave except in certain extenuating circumstances beyond the employee's control."

      Deciding to stay home and be a full-time mom would not be an extenuating circumstance unless (I presume) the baby was born with a serious health condition that made that necessary. If that's the case, then I'd suggest you contact the federal Department of Labor for clarification if the employer requests repayment of premiums.

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