Legal Question in Medical Leave in Virginia

Paid Benefits during FMLA

Agency policy states we will continue to pay 100% of medical & dental benefits while employee is out on FMLA. If they do not return to work we want to be reimbursed for the time they were out on FMLA. !.) Is this compliant with the law? 2.) Can we set a policy that they must return for at least (_____) a certain number of days or weeks & then we won't ask them for repayment for benefits we paid for during their FMLA.


Asked on 10/20/08, 2:30 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Paid Benefits during FMLA

No, I do not believe such a condition is compliant with the current federal FMLA law as there is nothing in the current Act of which I am aware that allows for such a policy on the part of the employer. (Pay and benefits are to be restored when the employee returns to work, but as far as I know there is no reference in the Act as to who is to pay for medical and dental benefits--if anyone--while the employee is on FMLA leave nor any requirement that such an employee reimburse his/her employer for such benefits paid while on leave.)

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Answered on 10/21/08, 12:21 am


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