Legal Question in Medical Leave in Oregon

Re: FMLA - returning to work;

An employee who takes medical leave and chooses not to return may be required to repay the employer for insurance the employer continues during the leave. That does not apply if the employee is not able to return to the job. If your medical condition does not permit your return, it is unlikely the employer will be legally permitted to charge you.

The controlling regulations at 29 CFR 825.213 provide that "an employer may recover its share of health plan premiums during a period of unpaid FMLA leave from an employee if the employee fails to return to work after the employee's FMLA leave entitlement has been exhausted or expires, unless the reason the employee does not return is

due to:

(1) The continuation, recurrence, or onset of either a serious health condition of the employee * * * which would otherwise entitle the employee to leave under FMLA; or

(2) Other circumstances beyond the employee's control.

The above does not constitute legal opinion and is offered for the purposes of general discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.