Search
FMLA: When ‘Leave’ Means ‘Stop Calling Me!’
A recent court decision serves as a stark reminder for employers: When employees take Family and Medical Leave Act (FMLA) leave, they should not be pressured to work or penalized for their absence.
What Happened?
An employee suffered a stroke and requested FMLA leave, which was later approved retroactively. During her 12-week leave, she communicated with coworkers about an upcoming project and transitioned her responsibilities. However, a dispute arose over whether her involvement was voluntary or due to pressure from the employer.
The employee claimed she was overwhelmed with work-related inquiries despite being told she wasn’t required to work. When she returned, she learned her job description had changed; she was classified as an “inactive” employee and ultimately terminated. The legal question: Did the employer violate FMLA by failing to reinstate her to the same or an equivalent position?
Was This FMLA Interference? Maybe.
Under FMLA, employers cannot interfere with an employee’s right to take leave. This includes:
- Preventing them from taking leave.
- Pressuring them to work while on leave.
- Failing to reinstate them to their previous or an equivalent position.
In this case, several factual disputes prevented a ruling in the employer’s favor:
1. Was the Employee Pressured to Work During Leave?
The employee claimed she was bombarded with work-related requests from coworkers and vendors, while the employer argued any work she performed was voluntary and minimal.
2. How Much Work Is Too Much?
A few brief emails or minor requests may not amount to interference, but extensive contact can raise legal concerns. Here, the court questioned whether the volume and nature of the requests exceeded what could be considered minimal or incidental.
3. Was She Restored to an Equivalent Position?
Upon returning, the employee was informed that her job description had changed, and she was placed on “inactive” status before being terminated. The court found a genuine dispute over whether the job modification and subsequent termination were pretextual and linked to her FMLA leave.
Key Takeaways for Employers and HR Professionals
✔️ Minimize Work-Related Contact During FMLA Leave
Employees should not feel obligated to check in, answer questions, or assist with projects while on leave. Limit contact to necessary discussions, such as return-to-work arrangements.
✔️ Reinstate Employees to Their Prior or Equivalent Role
When an employee returns from FMLA leave, they must be restored to the same or an equivalent position. Any modifications must be clearly documented and legally justified.
✔️ Communicate Clearly About Leave Status
While employees should be left alone to recover, periodic check-ins regarding leave status, return dates, and accommodations are appropriate. However, these communications should not create pressure to work.
Final Thoughts
Employers must recognize that FMLA leave is protected, and any missteps—intentional or not—can lead to legal consequences.