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.

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.

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.

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.

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?

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.