Resignation from leave of abscence....Louisiana

[Betty3]

I take it that your leave did not fall under the FMLA? If it did, then your employer can require you to pay back your portion of the premiums you paid while on leave if you don't return to work. If it didn't and your employer has no policy that addresses this, then you don't owe them anything.

Re FMLA - Employees may keep their health benefits while on FMLA leave, and
*employers* must continue to pay whatever premiums the *employer* would
pay if the *employee* were not on leave. If the *employee* voluntarily chooses
not to return from leave, however, the *EMPLOYER* may require the *employee*
to repay the cost of the health care premiums it (EMPLOYER) paid while the
*employee* was on leave.

(Just to clarify)

[Beth3]

You wouldn't have been "offered" FMLA if the FMLA applied. Either your employer is too small (less than 50 employees at the location at which you work or within a 75-mile radius of where you work) or you haven't been there 12 months.

If the FMLA applied, they would have place you on FMLA leave (even if you weren't advised of that) for the first 12 weeks of your leave and they could have terminated your employment after that if they wished to.

Their policy handbook clearly states "Anyone on a leave of abscence will pay the ENTIRE insurance preiemums (employeer to pay none) from the 1st day of the leave" however they have not even followed their own policy!!

Then I wouldn't worry about it. I seriously doubt they'll ask you to repay the portion of your premiums that you paid while on leave. And even if they do, they have no legal basis to require you to do so.

[lynn475202]

Thanks Beth!

No, I was not offered FMLA, Short term or anything besides a leave of abscence because I was 2 1/2 months away from my delivery date and then another 6-8 weeks after delivery and I would deffinately be out for more than 3months therefore I could not do anything but take a leave of abscence which allowed me up to 6months unpaid leave. I was unable to use sick time or vacation time as well.

All I have been given is my continued health benefits that I have paid my portion since I went on leave. Their policy handbook clearly states "Anyone on a leave of abscence will pay the ENTIRE insurance preiemums (employeer to pay none) from the 1st day of the leave" however they have not even followed their own policy!!

[Beth3]

No, you don't have any obligation to them. As an employee "at will" you're free to quit at any time for any reason.

I take it that your leave did not fall under the FMLA? If it did, then your employer can require you to pay back your portion of the premiums you paid while on leave if you don't return to work. If it didn't and your employer has no policy that addresses this, then you don't owe them anything.

[lynn475202]

I was forced out on a leave of abscence 3 months prior to the birth of my son when my Dr. put me on modified bedrest/ This meant I could still work but not full duty and needed to be off my feet when at work as much as possible. I am an insurance biller for a hospital and sit at a desk however, modified bedrest was not good enough for them so they forced me out on leave of abscence where I am not protected at all nor guaranteed ANY job on return. I was not paid either while on leave. I have been out since March 4, 2011 and I am set to return July 15, 2011.

They actually notifed me they were replacing me but I could still return at the end of my leave. They never replaced me and my work has sat for 4 months. We have decided it is best for me to stay home with our son and I plan on putting in my notice today, 4 days before I am set to return with a 2 week notice.

Do I have any obligation to them? Their handbook states anyone on leave of abscence shall pay their insurance premiums in full from the start of a leave of abscence however they have only billed me for my portion the entire leave which took 2 months of staying on them to finally get them to bill me becuase I was affraid I would be cancled. They were obviously not going to bill me and let me get cancled.

Can they require me to pay the back premiums? If I don't pay it what will/can they do? Not that I won't but I am wondering if they try and threaten me what they legally can threaten me with.

Thanks!!