Question: “We have an employee currently on maternity leave who comes into work to check her e-mails, make work calls etc. This person has paperwork signed that she is on Family Medical Leave Act (FMLA) leave for 12 weeks due to pregnancy complications. She is currently in her third week of leave. How should this be handled? Are there liability issues? We do not have a doctor’s release yet for this person.” — Anonymous
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Isn’t one of the reasons a pregnant woman, or anyone, takes FMLA leave because the stress of the job can be a possible threat to one’s health? If an expectant mother is order not to work due to complications, then any facet of her job could be a possible threat to her and the baby’s health.
It really wouldn’t matter where the work was being done (home or office). If she is on FMLA Leave she shouldn’t be doing any work.
There may be another option here. If she feels she is able to work intermittantly, perhaps her Dr. could revise the FMLA Certification Form for a reduced work schedule rather than totally unable to work. It would then be up to the employer to determine if this is something they could accomodate. – and it sounds liek they could.
Do you still violate the FMLA regulations by working at home or checking emails from home while you are on leave?
Well you have to give her credit for caring about her job. Some would not care. I think it is HR’s responsibility to tell her that this is a liablility and ask her if there is a contact person to go to while she is out. This way she won’t really have to woory about her job while she is out. Also, is there a way she can remote into her e-mail from home?
If she is doing that, she is working, and that means that besides all other issues, you can be facing liability (if she is non-exempt) for not paying her for time worked. It should be handled by just telling her, “You are on medical leave, you are not allowed to work, no exceptions.” It really should be as simple as that. Document it, though, and preferably tell her with a witness.
it sounds like a critical planning piece was missed and needs to be addressed ASAP. Since she will be out an additional 9 weeks, someone (her manager??) should be reassigning her caseload to eliminate the “need” for her to come in and review emails, return calls ,etc.
if you don’t have an HR Dept it would be in your company’s best interest to verify FMLA reguirements with your legal counsel.
You should send her home immediately and tell her she needs medical clearance in order to work. Yes, you would be liable if something happens.
FMLA guidelines are strict and state that she is not able to do this. HR definitely needs to step in and review the FMLA policy with her again.
I agree with Gohughes. If she feels she is able to come back to work, she should do so under the appropriate channels through Benefits and/or HR.
I imagine there are liability issues with her being there while on disability. There are instructions in place for someone on disability and the employer not even being able to call them unless there is a consent. Go to the FMLA website and the EED website and see what the guidelines are. Someone needs to direct her to her local library to use computers. She is definitely not to return work related calls or e-mails while on disability – she can turn around and file a claim against the employer if she suddenly feels she should be compensated or something that may be considered simple doesn’t go her way or if she gets injured while being on the premises. Get HR to step in and speak to her about not being on the premises unless it is to visit someone for lunch. She shouldn’t be there during regular working hours interrupting other employees workflow either.
I agree with Gohughes 100%.
Our policy would strictly prohibit someone on FMLA to perform any functions of their job when they are on FMLA. The doctor has taken them out of work for a reason. I would just tell her that she cannot come in to check her emails, return calls, etc. Coming by to chat is one thing but “working” is another.