FMLA- maternity leave

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Forum -> Working Women

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amother

Wed, Jan 13 2021, 1:08 pm

If one decides not to return to work after maternity leave and she lets them know while on maternity leave, can the workplace ask her to return all the benefits she has received during this time?

How common is it that they would do that?

amother

Apricot

Wed, Jan 13 2021, 1:11 pm

No they can't
But it's illegal to claim benefits in such a case and if they can prove that you left during maternity leave, the government can request the money back.

singleagain

Wed, Jan 13 2021, 1:13 pm

Disclaimer voice to text

If you know or strongly suspect that you are not coming back after maternity leave please tell your boss and co-workers because they can arrange to still discharge you from work after but it's not fair to leave them hanging and waiting if you're coming back or not

amother

Red

Wed, Jan 13 2021, 1:23 pm

Were the benefits paid by the employer? or an insurance agency? Or the government?

I think if paid by the employer they can. Government I would say no, and insurance is sticky cuz your employers premiums will likely be affected. That being said if you weren’t eligible for insurance benefits and collected it would probably be fraud.

amother

Wed, Jan 13 2021, 1:27 pm

amother [ Apricot ] wrote:

No they can't
But it's illegal to claim benefits in such a case and if they can prove that you left during maternity leave, the government can request the money back.

She went on maternity leave and got her claim benefits, it’s not working out to go back to work, why is it illegal? She didn’t plan this... would she have to return the benefits?

amother

Apricot

Wed, Jan 13 2021, 1:34 pm

amother [ OP ] wrote:

She went on maternity leave and got her claim benefits, it’s not working out to go back to work, why is it illegal? She didn’t plan this... would she have to return the benefits?

If she knows she is not going back and there is proof (email or text etc) it can be problematic

amother

Wed, Jan 13 2021, 1:58 pm

amother [ Apricot ] wrote:

If she knows she is not going back and there is proof (email or text etc) it can be problematic

Ok thanks for your help!

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