Legal Question in Medical Leave in Virginia

Short Term Disability / Maternity Leave

I will be taking Short Term Disability

while on Maternity leave this fall. I

have asked for a flex schedule upon

return to work and my employer has

said they will not tell me if they will

approve it until I return to work. If

they do not approve the flex schedule

that is fine but I would not return to

work then. Do I owe any money back

to the company for STD or Health

Insurances etc if I do not return.

There is no written policy in our

handbook indicating we would owe

unless we took unpaid leave (FMLA or

LWOP) and then we would owe for

insurance they paid while I was out. I

don't plan to take FMLA if I won't

return to work. Our H/R department

is not employee friendly and will not

answer the question and I am afraid

to push to far. How can I find out if I

would owe anything to the company

if I chose not to return to work when

my STD ends? Normally I would not

do that and would tell them before

hand but I can't make my decision

until they make theirs regarding the

schedule I can work after the baby is

born.


Asked on 7/10/08, 10:57 pm

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

Re: Short Term Disability / Maternity Leave

You should send a written inquiry to your HR department asking for clarification of the issue

as to what you may owe the company in the event that you take Short Term Disability for your maternity leave and then do not return to work because of the company's inablility to accommodate

your need for a flex schedule in order to take care of your newborn.

You should then conclude this brief letter of inquiry with a note to the effect that if the company fails to clarify this issue that it will be your position that you will owe them nothing.

You may also wish to make inquiry of the state agency in Richmond which administers the STD program in the Commonwealth and which may also be able to shed further light on this issue. (You should be able to find a link to it on the Virginia goverment website.)

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Answered on 7/10/08, 11:39 pm


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