My husband is currently working in an in-demand field, and considering switching firms (he's not too happy where he is now). I suggested he use some of his 5 weeks FMLA time (un-paid) to look for a new position. It's a great time to think about transitioning.

However, last night he told me he signed paperwork stating he would come back after the 5 weeks, or he would owe his company $700 for carrying his insurance while he is out on leave.

Is this legal? His insurance is free - included as a benefit he receives.

They've had trouble retaining people after babies are born, but employees are rightfully allowed to take time under FMLA, and they aren't even paying him during this time. Does anyone have insight on this issue?