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If an employee terminates employment during the FMLA qualifying leave, may the employer recoup the costs of the premiums paid?

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If an employee terminates employment during the FMLA qualifying leave, may the employer recoup the costs of the premiums paid?

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Yes, an employer may recover its share of premiums paid during a period of unpaid FMLA qualifying leave from an employee if the employee fails to return to work (for at least thirty (30) calendar days) after the leave unless the employee does not return due to the continuation, recurrence or onset of the serious health condition, or due to other circumstances beyond the employee’s control.

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