Do you have to pay back health benefits?

My wife and I are expecting a baby in the next month and I would like to take FMLA leave. I am looking for a new job, and my employer is aware of this. If I take up to the 12 weeks of leave that I am eligible for, and I find a new position during the leave, will I have to reimburse my employer for any/all of the health benefits they have paid during the leave? What if I return to work, accept a new position and then give the standard two or three weeks notice that I will be resigning?


You will have to reimburse your employer for the cost of benefits you received if you do not return to work. After all, your employer is required to pay these benefits and hold your job open while you are on leave. Therefore, it is fair that you pay for the benefits if you don't return to work. Your employer can agree not to collect such amounts. Since your employer knows you are planning to leave, you might consider entering into an agreement concerning your health benefits.

Under the FMLA regulations, an employee who returns to work for 30 days is considered to have returned to work for purposes of the FMLA to avoid liability for health insurance premiums.

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