Legal Question in Medical Leave in California
Not returning to work after my baby is born
I am pregnant and I do not intend to return to work after my baby is born. My employer will require me to state in writing when I will return to work. If I tell my employer of my intentions, does my employment end when I leave to have my baby or six weeks postpartum? I don't want my insurance to be terminated before my baby is born if I should have to leave work a couple of weeks before I give birth. However, I do want to give my employer sufficient notice.
1 Answer from Attorneys
Re: Not returning to work after my baby is born
You must be careful here. If you are taking leave under FMLA and the employer is paying for your medical insurance with the expectation that you are going to return, your failure to return may make you liable to repay the insurance premiums the employer paid on your behalf.
You may negotiate some arrangement with the employer or resign and pay the premiums yourself, under COBRA. But if you mislead them, you may have to repay the premiums.
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