Can My Employer Contact Me During My FMLA Leave?

The Family and Medical Leave Act (FMLA) is a federal law that permits covered employees to take up to 12 weeks of unpaid job-protected leave in a calendar year for purposes that include caring for a newborn or newly placed foster or adopted child, as well as caring for their own serious health condition or a close family member’s serious health condition. This law also allows employees to take leave for certain reasons related to an issue arising out of a close family member’s active military duty.

When you take FMLA leave, your employer cannot retaliate against you for taking leave, and your employer must allow you to return to work in the same or an equivalent job. But what rights do you have during your FMLA leave time? While you know that the FMLA clarifies that your job is protected during this time, can your employer require you to do any job-related duties without pay?

Minimal Contact May Be Permitted 

In general, courts that have considered the question of how much contact an employer can make with an employee during their FMLA leave time have ruled that “de minimis” contact is allowed, but more intrusive contact is not. What constitutes “de minimis” contact?

For example, an employer may be allowed to contact you to ask for brief work-related information such as a password or a client’s email address. An employer also may be able to contact you to request work equipment that you have at home, or to discuss in brief your date for a return to work or plans for your return to work.

One court that considered the nature of “de minimis” contact explained: “[C]ourts have drawn the line along a distinction between, on the one hand, receiving nondisruptive communications such as short phone calls requesting the employee to pass on institutional knowledge or property as a professional courtesy, and, on the other, requiring the employee to complete work-related tasks or work product.”

More Frequent Contact or Work-Related Requests May Violate Your Rights 

When an employer makes more frequent contact that requires any job-related duties or is in any way intrusive, the employer has likely violated the FMLA. Even very frequent administrative-related contact may be more than “de minimis” contact.

In addition, if an employer contacts you and tries to convince you to return to work before the stated end of your FMLA leave, or makes any comments that may appear retaliatory, your employer may be in violation of the FMLA. It is critical to document any contact as best as you can and to seek legal advice about your options.

Contact a Palm Beach Gardens FMLA Attorney 

Whether you have concerns about how your employer has treated you during or as a result of FMLA leave, or you have general questions or concerns about FMLA leave, an attorney can help. One of the experienced Palm Beach Gardens FMLA lawyers at Sconzo Law Office is here to talk with you today about your situation. We have years of experience representing employees in a wide range of employment law matters, including various FMLA issues. Contact us today for assistance.

Sources:

dol.gov/agencies/whd/fmla

casetext.com/case/antekeier-v-lab-corp-2

casetext.com/case/massey-diez-v-univ-of-iowa-cmty-med-servs-inc-1