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  1. #1
    Join Date
    Oct 2012
    Posts
    101

    Default Do I Have to Pay Back Medical Leave if I Quit Upon Return

    My question involves labor and employment law for the state of: Washington

    I currently am on medical leave, with plans on returning to work next week. Today I was offered a dream position, pending I pass the required drug screening (won't be a problem at all) and I would be foolish to turn it down with this company for multiple reasons.

    Does this require me to pay back any of my medical leave? I will still be able to give the customary 2 weeks of notice from my return date.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Do I Have to Pay Back Medical Leave if I Quit Upon Return

    I'm not sure how you could "pay back . . . leave," but there's no law on this.

  3. #3
    Join Date
    Oct 2012
    Posts
    101

    Default Re: Do I Have to Pay Back Medical Leave if I Quit Upon Return

    I should have clarified, while on medical leave I have been paid my hourly rate. Is there a law on paying back my medical leave pay?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Do I Have to Pay Back Medical Leave if I Quit Upon Return

    Let's put this bad boy to rest once and for all, shall we?

    I have been working in employee benefits since June of 1979. Coming up on a full 40 years. I've worked in just about every capacity of benefits it's possible to work in - employer, vendor, administrator. I've worked with every type of benefit generally offered by any employee.

    Having said all that, I have NEVER, not once, EVER seen or heard of a policy where an employee had to pay back any kind of medical or disability leave. NEVER. Not a single instance.

    Now, as pg1067 says, there isn't a law on this. But "paying back medical leave" is NOT a thing. It does NOT happen with any regularity or frequency at all. It happens so infrequently that - as I said - in 40 years I've never heard of it happening at all. Yet for some reason this question comes up regularly.

    spokanedriver, what you are most likely thinking of has nothing whatsoever to do with "paying back leave" but a provision in the Family Medical Leave Act where under some limited circumstances, you can be required to pay back health insurance premiums that have been paid on your behalf. ONLY health insurance premiums - not leave of ANY kind. We don't have enough information to say if these circumstances apply here - it's not impossible, but it's not for certain either. Even so, even if it is permitted in your situation, it is NOT something that all employers make use of; in fact, I'll guess that many employers are not even aware that they are able to do so.

    hrforme, do you concur?

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