QUESTION
Can an employer keep an employee’s last check?
Asked on Jun 30th, 2023 on Employee Benefits - Kentucky
More details to this question:
I had a heart attack and triple bypass surgery in December 2022. I went back to work for 4 days after the doctor released me to go back. My employer refused to pay me for those 4 days, stating that they paid my health insurance premiums while I was on FMLA, they also said that I owed them more money than what my check was. Can they do this? I was never asked if I wanted them to do this and I had no idea that they were paying for the health insurance premiums
1 ANSWER
Civil Litigation Attorney serving Lexington, KY
at
Rosenbaum & Thompson, PLLC
Update Your Profile
If your absence was covered by FMLA your employer is required to hold your job for 12 weeks and that includes keeping your health insurance. If you were not able to go back to your job by the end of the 12 weeks then the employer is entitled to be reimbursed for the health insurance premiums they paid while you were on leave. If you were able to go back, then they are not entitled to that reimbursement. If you did in fact return to work but they terminated you for another reason, then you might be entitled to your paycheck. You should consider contacting the state labor cabinet and raise that as a wage an hour issue if you believe your check was wrongfully withheld.
Answered on Oct 31st, 2023 at 6:28 AM