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To call or not to call: Contacting workers on FMLA leave

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in FMLA Guidelines,Human Resources

Navigating employee leave issues can be a daunting feat for HR departments. One challenging and oft-overlooked situation rife with the potential for legal problems involves contact between employers and employees who are out on leave under the FMLA.

Here are four common issues involving communications with employees during their FMLA leave.

Asking worker to come in

The FMLA does not establish clear boundaries for contact between employers and employees while employees are on FMLA leave.

However, employers must be careful when contacting employees who are on FMLA leave because, depending on the content and extent of the communications, these actions can expose employers to possible wage-and-hour lawsuits, FMLA interference claims and even FMLA retaliation claims.

Under the FMLA, employers are prohibited from interfering with an employee’s exercise of his or her FMLA rights. In part, that means employers cannot require ...(register to read more)

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