Generally, employers shouldn’t ask employees onto perform any work or deal with work-related problems. But that doesn’t mean there aren’t times you may need to speak with the employee.
Recent case: School custodian Saul Diaz needed to take a few weeks ofleave to deal with complications related to diabetes. During his last shift before going out on leave, he left the school doors open overnight. While on FMLA leave, Diaz’s supervisor called him in to discuss the breach. When he returned from leave, he was fired.
Diaz sued, alleging that calling him in during FMLA leave to discuss work was interference with his right to that leave.
The court disagreed, concluding that under the circumstances, the employer had the right to ask about the incident. (Diaz v. Elgin, No. 09-C-01649, ND IL, 2011)
- Pregnant Employees: Answers to Your 20 Toughest Legal Questions
- FMLA: It's not your job to decide whether relative needs your employee's help
- Can we dock pay if worker exceeds sick-Leave limit?
- Criticism after FMLA? Beware retaliation
- Place employee on 'provisional' FMLA leave while seeking 2nd, 3rd certifications