The Essential Guide to Family & Medical Leave

chapter 10 | reinstatement | 245
P Managers’
Checklist
If an Employee Doesn’t Return From Leave
o I determined why the employee did not come back to work.
o If the employee did not return to work because of the continuation of a serious
health condition, I
o asked the employee to provide a medical certification, and
o did not seek reimbursement for premiums the company paid to continue
the employee’s health insurance.
o I did not seek reimbursement for health insurance premiums if the employee could
not return to work for reasons beyond the employee’s control.
o If the employee’s failure to return from work was voluntary, I determined what
amount (if any) we can recover from the employee for what we spent on
benefit premiums while the employee was on leave.
o I included in this amount our company’s share of the premium for health
insurance continuation during the employee’s leave.
o If the employee did not pay his or her share of the premium for health
insurance, I included any part of the employee’s share that we paid during
the employee’s leave.
o If we continued any other insurance benefits (such as life or disability
coverage), I included any amounts we paid towards the employee’s share of
the premium during the employee’s leave.
o I did not include the company’s share of the premium for any other
insurance benefits.
o Regardless of whether or not we are entitled to seek reimbursement from
the employee, I offered the employee continued health care coverage under
COBRA and, if we are self-insured, paid any claims the employee incurred while
on FMLA leave.
o Before seeking reimbursement via withholding from money we still owe the
employee, I made sure that this is allowed by state law.
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