Fmla / Nj

[shelly]

Hi,

I just applied for 12 weeks FMLA.. I took 8 weeks disability after having my baby, went back to work for one day and have now requested FMLA, I am having a hard time leaving my baby.. My question, after the 12 weeks, if I do not feel up to going back to work, can i resign at that time?
Will I be liable to pay back any benefits I receive in the 12 weeeks?


Thank You,
Shelly

[LConnell]

I know it is hard to leave your newborn for work. Keep in mind that FMLA is for persons who have a serious illness or need to care for a family member with the same. Also, if you quit after the 12 weeks, your employer is permitted to recover the cost of benefit premiums paid on your behalf.

[bob_nj]

"your employer is permitted to recover the cost of benefit premiums paid on your behalf."

Does that mean the employer is able recover if he previously paid 100% of the health care premium?

In other words, is the employer responsible to pay for health care benefits during FMLA with no employee obligation to repay if the employee returns to work?



http://www.dol.gov/elaws/esa/fmla/eb2.asp
While an employee is on FMLA leave the employer is required to maintain the employee’s group health benefits on the same terms as if the employee continued to work. An employee, while on unpaid FMLA leave, needs to make arrangements with the employer to pay the employee's portion of group health benefits premiums.

Thanks_bob

[bob_nj]

Why didn't you apply for the FMLA before you left for your pregnancy?
Was your job as secure under the short term disability, as it is under FMLA?
What is the official rule or law in an instance like yours?


In reference to the statement, "Keep in mind that FMLA is for persons who have a serious illness or need to care for a family member with the same,"
doesn't it also apply to new moms?

An eligible employee can take FMLA leave due to a “serious health condition” that makes the employee unable to perform the functions of her job. 29 CFR §825.112(a)(4). The Act also provides for leave for the birth of a child, placement of an adopted child or foster care child, and to care for the employee’s spouse, child or parent with a serious health condition. 29 CFR §825.112(a)(1)(2)(3).


Thanks_bob