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FMLA return to work New York

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  • FMLA return to work New York

    I've searched unsuccessfully without finding a reference so sorry for a repeat question.

    At the end of an FMLA leave, it isn't considered a "return to work" if the employee doesn't return for a certain amount of time. Does anyone know how much time? I'm thinking either 2 weeks or 30 days.

    I realize there are certain exceptions, but this would pertain to a case where the employee changes her mind about returning.

    Thanks,
    Nancy

  • #2
    I'm not sure what you're asking. I'm coming down with something so it may just be that my head is fuzzy.

    Did the employee return to work or didn't she?
    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.

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    • #3
      Hi cbg,

      No she hasn't returned and still has some time available if she wishes to use the full 12 weeks (it was for childbirth/bonding). The reason I ask is that she told her supervisor a few days ago that the chances of her returning were "slim to none." We have been continuing her health insurance in the meantime.

      Thank you.

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      • #4
        If the employee doesn't return to work for at least 30 days, the employer can charge the full premium for medical for the period the employee was on FMLA. Is that what you're talking about?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thank you Patty.

          Yes, that is what I'm talking about. I wasn't sure thirty days was the correct amount of time and was unable to locate a reference to it.

          Have a great weekend!

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          • #6
            You can find the actual regulation here http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.213.htm
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              Thanks, Elle!

              It's always nice to be able to quote the CFR.

              Nancy

              Comment

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