Legal Question in Medical Leave in Texas

non-return from FML

I was granted FML for the birth of a child. I continued to pay my families health insurance premiums by mailing them to the company, and the company paid my premium. I opted to resign at the end of my FML. The company says they are going to send back all my paid premiums, and offer me COBRA coverage. They say I was terminated 12/29 even though my FML lasted until 3/3. Did I have to return to my job to get the FML coverage? Is it legal for a company to say I was terminated even though I was on FML?


Asked on 3/09/00, 8:53 pm

1 Answer from Attorneys
Thomas Martin Law Office of Thomas Martin

Re: non-return from FML

No. If youn were entitled to leave under the FMLA your employer can not retroactively terminate you for not returning to work. If the employer paid a portion of your medical insurance while on leave, however, you can be required to pay those premiums back if you voluntarily do not return following the leave.

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Answered on 3/23/00, 10:04 am


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