Incorrect funds go back to the employer
Unused funds go to your employer, who can split it among employees in the FSA plan or use it to offset the costs of administering benefits. Under no circumstances can your boss give the money back to you directly, according to IRS rules. Once the plan year is over, that money is gone.May 24, 2016
Employers may continue to use forfeited funds to apply to administrative costs incurred during the plan year, or they may credit those leftovers to employees' FSAs in the next year's plan, as long as the employer in no way bases the credit on employees' claims experience and does not violate the Internal Revenue Code ...Jan 7, 2021