Legal Question in Medical Leave in California
Family Medical Leave Act
My wife went on maternity leave and decided not to return to work. ER is seeking reimbursement of medical premiums. Her ER covered 100% of medical and dental premiums. Can ER succeed at recovering premiums (medical and dental) by law? ER seeking $2500. Answer to question will assist on whether we go to court or settle. Need help.
1 Answer from Attorneys
Re: Family Medical Leave Act
Assuming your wife took FMLA leave, there is a provision in that law that allows the employer to seek reimbursement for their having paid medical insurance premiums, because they did so with the understanding your wife intended to return to work. If she was unable to return due to health issues, that may be a different story.
You should consult with an experienced employment law attorney, who has all of the facts, before you make a decision what course to take.
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