Will the employer be able to recover healthcare costs while she was out on leave if she does not return to work?
FMLA has ended and there is a possibility the doctor may deem her as unable to perform key job functions.
Generally, employer can recover its share of premiums if the employee doesn't come into work after the FMLA leave period is complete. This doesn't apply if employee doesn't come into work because of a reason out of their control, or because of a serious health condition of employee or their family member. There are many sub-rules that apply depending on whether the employee returns for less or more than 30 days, and other significant facts. Contact an attorney for a consultation.