Legal Question in Medical Leave in Pennsylvania

FMLA Maternity leave

I am on maternity leave and if I decide to not return to my position does my company have the right to make me pay for health benefits for the time I took on FMLA? I am paying my portion that is usually deducted from my pay while I am off.


Asked on 6/06/07, 7:32 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: FMLA Maternity leave

You asked if a company may make an employee pay for health benefits used while on FMLA leave?

No.

The employer must have a policy in place to deal with such an issue ahead of time and can't develop a policy to deal with a specific situation in a negative manner. Not that they can't try or make an argument for such an action.

Also, be aware that you will also be eligible for COBRA coverage even after leaving the employer's employ.

Regards,

Roger

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Answered on 6/07/07, 10:05 am


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