Legal Question in Medical Leave in Texas

Resigning while under FMLA

I am currently at the top of the 10th week of my 12 week FMLA leave due to child birth. I have chosen not to return to work to stay home with my children. Do i turn in a resignation letter to them now giving them at least my last two weeks of leave as notice? I do realize that I will have to pay my health benefits back & am willing to do so. Also, I have 3 weeks vacation earned and due to me as of Jan 1st. Do they have to still pay this to me? If so I would like to apply this toward my benefits owed. Also, can they hold this against me (not returning from FMLA) like labeling me as not rehirable or give me a bad reference if I look for employment later?


Asked on 2/11/09, 4:26 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Resigning while under FMLA

you cannot control what a former employer will do as to future ..so ask for letter now..and give notice..but why do you have to pay health insurance back? I cannot imagine that being part of the employment benefit..as to earned vacation..look at writtne policy, if any...but don't offer to pay health insurer..whatyou do not owe..

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Answered on 2/11/09, 5:07 pm


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