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FAQ Fridays

Our organization typically reaches out to employees on FMLA once a month to check in and see how they are doing. Are we allowed to do this under California Family Rights Act (CFRA) as long as we limit the conversation to checking in and do not discuss return to work?

While the CFRA regulations do not expressly permit or prohibit such conduct, these types of check-ins are discouraged as they could cause an employee to feel pressured to return prior to the scheduled end of an approved leave. The best practice is to allow an employee on leave the space they need and only check in when the employee’s scheduled leave is set to expire to confirm that the employee will be returning as planned and to remind the employee of any return-to-work certification requirements. See further explanation here.