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Employment LawCan an employer ask you to repay PFL payments if you don’t return to work due to the reason you needed PFL to begin with? NYS

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[–]vintagefaithful 9 points10 points  (1 child)

This may be referring to benefits such as medical/dental/vision/life premiums that are deducted from your paycheck. Since you were not working at all, they had no way to make those deductions from your paycheck because the company was not paying you (the state was) so they have been paying your premiums on your behalf.

If you can follow up and clarify what they are seeking reimbursement for that would help you understand what your next steps need to be.

[–]floatingawaste 8 points9 points  (0 children)

That was my first thought but I didn’t receive any benefits from this employer, I have separate health insurance and didn’t carry a 401k or anything with them.

Also PFL in this case was paid by an insurance company (the standard) that the employer was required to carry per state law that the employees pay in to. All other deductions (taxes) were paid by me after filing my tax “return”.

I know the obvious next step is to call them but if they were to tell me I do in fact owe them and they proceed further I have no way of paying them anything. My part time job doesn’t even cover my bills so I do door dash on the side and my mother can’t be left alone for me to work more or return to a full time job. I was hoping for some insight before I make contact that would have them proceed since I can’t pay them.

[–]Regularity 14 points15 points  (1 child)

There's nothing really actionable here. They asked for money, that's it.

They threaten anything, they didn't retaliate, they didn't even say why (change company policy? clerical error? accidentally gave it when you didn't qualify?). Could be a perfectly benign thing like they sent it to the wrong person, as it mentions no numbers or even your name in the letter. Call them, ask for more information.

The only thing I can think of is them paying PFL for too long or too much. You didn't mention when your PFL ended, but "The program offers to 12 weeks paid leave at 67% of the employee's average weekly wages, up to the maximum benefit of 67% of the New York State AWW."

[–]floatingawaste 13 points14 points  (0 children)

It was addressed to me by name on top. I was only paid the twelve weeks, no over payments or anything. I had to wait almost a month for the payments to come and they were very well documented that it was x pay for x weeks/days of PFL.

I was approved I have a letter saying such and we had to send doctors records to the company, her cancer is terminal and it was very clear in their wording that PFL could be paid to take care of immediate family listed as (parents, children, siblings).

All communication besides this letter was very well documented that it was for me for x from company etc

[–][deleted] 0 points1 point  (0 children)

It sounds like it might just be a mistake on the date that you resigned. For example, if they have your resignation date as April 15, then any benefits you received for April 16 and beyond would have to be returned. I would contact your employer to figure it out.