Family Medical Leave Act

Swimmingly

I am currently 28 weeks (I apologize that I do not have a ticker) but I have many Family Medical Leave Act (FMLA) questions and am hoping you can help me.  If I go out on FML for the 12 approved weeks after the birth, what happens if I decide not to return to work and give my resignation?  I'm assuming this must happen often but I don't know the law around it.  Would I be required to pay back my workplace for my employer paid part health insurance premiums during the 12 weeks?  Do I need to give a two week notice to the workplace?  Is it best to take the 12 weeks of FML, go back to work for 2 weeks and give notice then?  During FML, is no one at your work place permitted to contact you except Human Resources?  Thank you in advance for your help.

soontobe05

This varies by employer. You would need to go talk to your HR department and find out what their rules are.

Swimmingly

I am trying to avoid talking to the HR department about FMLA in order to avoid any red flags or possible discrimination.  That is why I am hoping that maybe some people on here know the answers.  Thank you.

Swimmingly

Nope, not going into hiding (wish I could!).  My workplace is a not great and I just want to know the laws as to if my supervisor (or co-workers) are permitted to contact me during FML. 

futremrsb

Here's what I know and am still reaserching to see...

FLMA basically varies from employer to employer, but typically you have to exhaust all accrued leave time BEFORE taking FMLA. And you SHOULD get 6-8 weeks medical leave depnding on your employer and how long DR. states you should be off. Now, my employer is telling me that 6weeks of medical leave will deduct from 12 weeks FMLA thus after I am off medical leave will only have 6 more weeks to take.

It should state all this in your employee handbook, so if you are leary of talking to HR you could just ask them for a copy. Also, most employers do require you to pay back the insurance they paid for while you were gone if you quit during your leave, which is why alot of people come back for 2-4 weeks then quit.

 

Hope that helps!

Swimmingly

Thank you futremrsb, that information is helpful.