Managing Employees’ Obligations to Report and Communicate But Not “Work” While on FMLA Leave

By Marti Cardi, Esq., Vice President, Product Compliance, Matrix Absence Management, Inc.; Lana L. Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc.

When, how, and what employers can communicate to employees who are on Family and Medical Leave Act (FMLA) leave can be challenging questions to answer. Most employers know they cannot make employees work while out on leave, but how should “work” be defined? Are quick, work-related questions permissible? The following examples, all based on case law, provide guidance.

Example 1

While out on FMLA leave, Rudy Corpus, a business development specialist, received two emails from his boss with questions about pending sales proposals and customer contacts, and the status of Corpus’s health and ability to return to work.

Question

True or false: These emails are work-related and violate the FMLA.

Answer

False. The court found such contacts as “de minimis” and insufficient to support an FMLA violation. “[R]easonable contact limited to inquiries about the location of files or passing along institutional or status knowledge will not interfere with an employee’s FMLA rights; however, asking or requiring an employee to perform work while on leave can constitute interference.”¹

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