"Clearly, if an employee is utilizing FMLA leave for his or her own serious health condition, the employee should not be required to attend an employer-sponsored holiday party. At the same time, an invite to the holiday [event] ... communicates to your employee that you care about them, you consider them to be part of the team, and that you want to keep them engaged even though they are not presently at work.... Might an employer even have an obligation to extend the invite? While on FMLA leave, the employee still is entitled to enjoy the benefits and privileges of employment, and should be free of discrimination or retaliation because they are on leave."

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