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Can an Employer Require an Employee to Work During FMLA Leave?
FMLA InsightsLink to more items from this source
Jan. 22, 2015
"There is no right under the FMLA 'to be left alone' or be allowed to skirt the employer's 'discrete inquiries.' But if looks like work, it's gonna be work, and an employee shouldn't be doing work while on FMLA leave.... As a general rule, an employee on leave should be fully relieved of their work and not asked to perform work while on leave. That said, ... it is unlikely to be an FMLA violation when an employer makes sporadic calls to an employee posing general questions or to wrap up a job the absent employee was working on. Similarly, the employer can contact the employee to check on return dates or possible extension of leave."

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