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FL - Short Term Disability/FMLA/Health - When can I quit without having to repay

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  • #16
    If you decide to go back before the amount of time you originally were certified to be off (planned to be off), then definitely let your boss/employer know when you want to come back with at least some notice. Otherwise, they will not be expecting you. It would be nice to give some notice also if you plan on not going back.

    If you plan on not going back until the agreed upon time you would be off, then no notice is legally required before then that you are or are not coming back.
    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.

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    • #17
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      Thanks. Yes, I'm going to let her know once I have it figured out.

      Question.. is it ok to interview while on fmla? I work for a hospital and applied for an internal position at another campus before I left for maternity leave and the hiring manager is seriously considering me.. I should know soon whether he plans on formally interviewing me.

      I'm full of questions.. sorry.

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      • #18
        What an angel.

        Yes, it's okay to interview while on FMLA. Actually working at another job may or may not be an issue depending on company policy, but interviewing isn't a problem.
        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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        • #19
          Agree with cbg re the interviewing.

          What a darling baby - thanks for posting the picture.
          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


          • #20
            I'm back with a question. What if I return to work and give a 30 day notice so I can achieve the 'returned' status. Then, what if they say.. you can leave in 2 weeks vs. 30 days. I won't want that b/c I want to achieve the 'return' status. I don't want to have to pay back the health insurance.

            Also, I've taken 6 weeks so far and have basically told my boss I'm taking the full 12 weeks (she recently emailed asking). I asked her for opportunities to work part-time or from home and she said no b/c it's typically not productive. Now, what if I got a job offer tomorrow... I basically can't start the new company for another 6 weeks (plus 30 days)? Is there any way around that? Can I return sooner if I get a job offer tomorrow?

            Thanks for your help.

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            • #21
              What if I return to work and give a 30 day notice so I can achieve the 'returned' status. Then, what if they say.. you can leave in 2 weeks vs. 30 days.

              Then you won't have worked 30 days and you won't have "returned" status.

              I won't want that b/c I want to achieve the 'return' status. I don't want to have to pay back the health insurance.

              Then you need to work the full 30 days before you give notice.

              We don't know if your employer WILL ask you to repay the health insurance. We only know that they CAN. You can go through all the various permutations you want but it all comes down to one thing: If you do not WORK 30 days after returning from leave, the employer is legally permitted to require you to repay the health insurance. Whether they will or will not do so is not something we can assess, but there are no loopholes regarding the above.

              You can leave any time you want to. We abolished slavery quite some time ago. But if you're looking for a way you can leave without working the 30 days required and still be protected against having to repay the health insurance, assuming your employer is planning to charge it to you, it simply doesn't exist.

              It's up to you which is more important to you.
              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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              • #22
                Thanks! So.. it sounds like I should work 30 and then put in my 2 week notice to protect myself from them letting me go beforehand? I thought they couldn't fire me b/c of FMLA though?

                On a side note, for references, can employers ask previous employers if the person was terminated?

                Any answer on my previous question.. whether I can return sooner than 12 weeks even though I've told them 12 weeks?

                I think my situation is going to work out fine, but I'm just playing devil's advocate. I just have a new boss that is crazy. She fired a co-worker that was pregnant for no real reason so I'm dreading going back. I feel very uncomfortable working for her. She's new to the company and I really was hoping she'd be gone by now haha.

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                • #23
                  can employers ask previous employers if the person was terminated?

                  Yes. What's more, previous employers can answer if the person was terminated. It is absolutely 100% legal in every state for an employer to give a truthful reason why an employee no longer works for them. However, please keep in mind that "terminated" is not a synonym for fired. "Terminated" means you no longer work there. If you quit, that's a voluntary termination. If the employer insigated it, that's an involuntary term. And HR managers know that. "Terminated" is a very loaded word from the employee perspective, because they assume it will say to the prospective employer that they were fired for some kind of misconduct. In actual fact, the HR manager or hiring manager already knows you were or are about to be terminated, either voluntarily or involuntarily; why else are you looking for another job? It's WHY your termination occurs that matters. If it's a voluntary term, fine. If it's an involuntary term, was it due to a layoff, RIF, a firing for misconduct, what? There's no stigma attached to a layoff or RIF, but they're terminations too. So is a quit.

                  Any answer on my previous question.. whether I can return sooner than 12 weeks even though I've told them 12 weeks?

                  That is between you and your employer. They cannot require that you take more FMLA -protected time than you need; neither can they fail to return you to work if you are ready to come back before FMLA expires. But if they have planned to accomodate a 12 week absence and you announce that you want to come back in 8 (for example), they can 't apply the final 4 weeks to FMLA nor can they fail to (eventually) return you to work in your own or an equivalent position, but I see no reason why they can't require you to take an unpaid 4-week leave rather than rearrange their accomodations again.
                  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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                  • #24
                    As for giving two week notice and taking FMLA, it is true that you can not be fired because you took FMLA, but your employer can accept your resignation early or fire you for other unrelated reasons even though you took FMLA. You are to be treated just like any other employee who did not take leave.
                    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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                    • #25
                      Do I need to be back for 30 calendar days or 30 work days to be considered "returned"?

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                      • #26
                        FMLA 825.213 3c

                        An employee who returns to work for at least 30 calendar days is considered to have “returned” to work. An employee who transfers directly from taking FMLA leave to retirement, or who retires during the first 30 days after the employee returns to work, is deemed to have returned to work.
                        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


                        • #27
                          Calendar days.
                          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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                          • #28
                            Originally posted by ElleMD View Post
                            Calendar days.
                            & the statute is posted in my link above.
                            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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