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Communicating with EE on FMLA Leave

APlusDallasAPlusDallas 4 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Has anyone seen anything in the FMLA policies which would prohibit an employer from contacting an EE on leave regarding plans to return, their benefits, etc? The EE is requesting information about these items.
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  • IrieIrie 482 Posts
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    I contact our employees on FMLA if I haven't heard from them in awhile. My concern is how they are recuperating and if they have any questions about their disability and/or healthcare coverage. I'm not aware of any regulations that say you can't do that. Of course I don't encourage them to return but ask if they have any recent information from their physician as to a return to work date and remind them that they must bring a certificate for duty statement from their doctor.

    The only regulation I know of is that you cannot contact the employee's doctor regarding their FMLA condition.
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  • VSVS 77 Posts
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    Actually, there is a section in the Regulations that state that the employer has the right to contact the individual to discuss such things as when one expects to return. You can even write your policy such that it states that the employee must contact their employer every so often, etc.

    I do not know at this time under which section of the Regs it is stated. I am in between meetings and wanted to make a quick response. If I can research this a little, I will write again with that info (or someone else will have done so).

    :)
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