Q. Can we ask an employee who is onto come in to discuss the possibility of applying for a promotion? Might it be better to discuss this by phone?
A. There is no legal reason why an employer would be prohibited from discussing the possibility of a promotion (or a higher salary or other term or condition of employment) with an employee onleave.
Such de minimus contacts not requiring performance of work do not benefit the company per se and likely would not materially interfere with leave. However, if the employer were to require the employee on FMLA leave to perform physical tests or interviews inconsistent with the scope of leave or his or her restrictions, that could present practical and even legal concerns.
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