Is it legal for my employer to make me repay the money that I received from my insurance company for maternity leave?

Asked over 1 year ago - Austin, TX

I have Aflac Insurance through my employer. I had a baby in November 2012 and was on maternity leave until January 12, 2013. My employer is now telling me that I have to repay every dollar that I received from Aflac during my maternity leave. The company I work for is having financial problems and they're looking for every way to save money. Can they do this or should I try to fight this?

Attorney answers (3)

  1. David C. Holmes

    Contributor Level 13


    Lawyer agrees

    Answered . I added a subrogation tag to this. The only way I can see that the employer could support this position is if it paid you itself and is claiming that it is subrogated to your right to receive money from Aflac. I've never heard of an employer making this argument before.

  2. Steven John Clausen


    Contributor Level 16

    Answered . Except for the situation described by Mr. Holmes, company would not have right to do this, but you should contact an employment law attorney to confirm.

  3. Jason Todd Studinski

    Contributor Level 20

    Answered . I don't think so. This doesn't sound right to me. I think you should contact a local employment lawyer for guidance on this.

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