Legal Question in Medical Leave in California

FMLA and deciding not to return to work

I am currently on FMLA to bond with my newborn child. I am scheduled to return to work in two weeks. If I choose not to return to work, is it fraud if I deposit the checks (for the FMLA portion) I receive from the state? I recently received my last disibility (for maternity) check and expect to recieve the checks soon for the FMLA portion of my leave. If I cash a check, will I be required to pay it back? What about the medical premiums my employer is paying? I've only been paying the portion that is normally deducted from my paycheck. If I choose not to return to work, can my employer make me pay the medical premium retroactive to when my FMLA began? Please advise asap - thank you!!


Asked on 7/21/07, 2:51 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: FMLA and deciding not to return to work

It is not clear from your question what checks you are referring to because employers don't pay for FMLA leave, other than for earned vacation and sick pay.

However, you should be aware that employers can legally require that you reimburse them for the payment of the medical insurance premiums they paid for you, while you were on leave, should you choose not to return for non-medical reasons.

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Answered on 7/23/07, 8:12 pm


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