hr, human resource, fmla, cobra, workers comp, hr management, compensation, hipaa, hippa, diversity, hr training, human resource training, compliance, seminars, online training, webinars, webcasts, audio conferences

Benefit Issues After FMLA Leave


Benefit Issues After FMLA Leave

By Charlie Bross
HRcertification.com

If the employer pays for the employee's share of health plan premium payments during FMLA leave, the employer is entitled to recover these premium payments whether or not the employee returns to employment.

After an employee's FMLA leave is over, the employer is entitled to recover any employer premium contributions it made during the leave except if the reason the employee does not return is:
  • The employee's or family member's serious health condition precludes the employee from returning, or
  • Other circumstances beyond the employee's control, including:

    • The employee's spouse is unexpectedly transferred to a job location requiring relocation
    • A relative other than a child, spouse or parent has a serious health condition requiring the employee's care
    • The employee is laid off
    • The employee is a key employee who is not reinstated after FMLA leave
If the employer cannot recover its share of health plan premium's because of the continuing serious health condition of the employee, spouse, parent or child, the employer can require a medical certification verifying the condition. Also, the employer cannot withhold payment of claims pending recovery of these premiums.

When FMLA runs concurrently with another paid leave, the employer cannot recover its share of health insurance or non-health benefit premiums if the employee does not return.

"Return" after FMLA leave is defined by the DOL as having returned to work for at least 30 calendar days. This prevents the employee from returning for just a short time (such as a few days) and then terminating employment to avoid having to pay the employer's premium contribution.

COBRA should be offered to an individual under the following two circumstances:
  • The employee's 12 weeks of FMLA have been exhausted (FMLA's health benefit maintenance requirements cease because the FMLA leave is over)
  • The employee gives unequivocal notice of intent not to return (FMLA's benefit maintenance requirements cease because the employee terminates employment)
This would be true regardless of whether the employee's health benefits were or were not retained during the FMLA leave.

If the employer maintained non-health benefits during the leave (such as life or disability), after the end of the leave the employer can recover any premiums paid during the leave, whether those amounts would normally be paid by the employer and/or employee, and whether or not the employee returns from the leave.

For more tips, information, or suggested procedures on how to manage your FMLA compliance responsibilities, or the ability to earn a Certified FMLA Administrator designation, go to http://HRcertification.com/FMLA.asp


Training For This Topic:More About This Author:


Feature Items
What To Do When Applicants Or Employees Have A Criminal History
What To Do When Applicants Or Employees Have A Criminal History
Open Enrollment: How To Increase Your Success & Reduce Your Stress
Open Enrollment: How To Increase Your Success & Reduce Your Stress
How To Improve HR's Credibility
How To Improve HR's Credibility
Strategic HR: The Steps To Become An HR Leader & Strategic Partner
Strategic HR: The Steps To Become An HR Leader & Strategic Partner
Certificate Program For HR Generalists
Certificate Program For HR Generalists
Disability Discrimination And The Interactive Process
Disability Discrimination And The Interactive Process
Certificate Program In FMLA & ADA Compliance
Certificate Program In FMLA & ADA Compliance
Guidelines For Taxing Gifts, Awards, & Other Fringe Benefits
Guidelines For Taxing Gifts, Awards, & Other Fringe Benefits
Payroll Reporting Academy
Payroll Reporting Academy
Business Writing and Grammar Skills Training Courses
Business Writing and Grammar Skills Training Courses
ADA Academy
ADA Academy
How Workers' Compensation Works (Comprehensive 11-Module Course)
How Workers' Compensation Works (Comprehensive 11-Module Course)
FMLA Training & Certification Program
FMLA Training & Certification Program
COBRA Training & Certification Program
COBRA Training & Certification Program
Human Resources For Anyone With Newly Assigned HR Responsibilities
Human Resources For Anyone With Newly Assigned HR Responsibilities
Mastering Difficult Conversations
Mastering Difficult Conversations
Licensing/Designations
HR Certification Programs PHR/SPHR Re-Certification Six Sigma Certifications
OSHA Training Classes ISO Certifications Lean Six Sigma Certification
Professional Development
ADA HIPAA Training Seminars Public Sector
Accounting, Budgeting, and Financials Training HR Compliance Courses Quality Management Training
Affirmative Action Training / EEO Training HR Compliance Training Quality Improvement Training Courses
Affirmative Action Education HR Generalist Training QuickBooks Training
Background Check Training HR Job Descriptions / Employee Handbooks Recordkeeping & Document Retention Requirements
Business Writing and Grammar Skills Training Courses HR Management Training Courses Recruiting Training
Cafeteria Plans HR Records Management Retirement Plan Training
How Does A Cafeteria Plan Work HR Training Retirement Plans Webcast
Change Management HR Personnel Forms Sales Training Courses
COBRA HR Workshops Safety Training Videos, Manuals, & More!
COBRA Administration Training Human Resources Certifications Six Sigma Training Courses
COBRA Certification Training Human Resources Policies Social Media Marketing Strategies
COBRA Employment Requirements Human Resources Management Strategic Thinking/Planning
Compensation Human Resource Management Issues Time Management Training
Compensation Administration I-9 Training Training Seminars For ADA Requirements
Compensation Management Training Interpersonal Skills Training For Section 125/Cafeteria Plan
Compliance Manuals And ADA Websites Internal Investigations Training Programs Training For HR Laws And Regulations
Compliance Review Seminars Job Descriptions Training At Workers Compensation Seminars
Construction Safety Training Labor Law Training Training Courses For HIPAA Certification
DiSC Assessments & Training Courses Labor Law Posters / Safety Posters PowerPoint Training
Disability/Leave Management Lab Safety Training Workers' Compensation
Employee Handbooks Leadership Workers' Comp Training
Employment Law Seminars Legal / Compliance Workers Compensation Claims
Employment Law Training Lean Six Sigma Training Workers Compensation Webinars
Excel Training Lockout Tagout Training Workers' Compensation Training
FaceBook Training: Creation, Marketing, And Maintenance MicroSoft Word Training Workforce Training
Fleet Safety Training Onboarding Training / Onboarding Programs WorkPlace Safety Training
FLSA / Wage & Hour Training For New Managers And Supervisors Workplace Signs And Posters
FMLA OSHA Training Web Based HIPAA Training Online
FMLA Training Webinars OSHA Courses For Compliance Training Reinstate COBRA Insurance Coverage
General HR Training Payroll Training Retirement Plan Administration
HazMat Training Payroll Certification Programs Webinar For COBRA Administration
HazWoper Safety Training Payroll Training Classes For Americans For Brokers/Agents
Healthcare Compliance Training Professional Training For Retirement Plans Professionals Syndicated Content
HIPAA Project Management Training  
HIPAA Compliance Training Rules PTO Bank Training  

Google+ width=Facebook