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The Daily Insight

Can I check work email while on FMLA?

Author

James Stevens

Updated on March 01, 2026

Here’s a tricky question for you: Should an employee still be considered on FMLA leave when he’s answering work email or phone calls? Yes, as long as the employee is only answering email or calls on a sporadic basis, his employer is not in violation of the Family Medical Leave Act.

Can your employer contact you while on FMLA?

A: Employers may want to contact employees as little as possible while on FMLA leave to avoid legal land mines, including wage and hour issues. Nonetheless, employers may call employees on FMLA leave to discuss other issues, such as updates regarding the employee’s situation and the employee’s return date.

What happens if you work while on FMLA?

The FMLA does not prohibit an employee from working another job while on FMLA leave. An employer which does not have such a policy may not deny benefits to which an employee is entitled under FMLA on this basis unless the FMLA leave was fraudulently obtained as in paragraph (d) of this section.”

How do you tell your boss you’re going on medical leave?

How to Ask for a Leave of Absence From Work

  1. Understand your legal rights regarding time off and pay.
  2. Make the request in person.
  3. Give sufficient advance notice.
  4. If possible, work with your boss to develop an agreeable plan.
  5. Keep track of relevant paperwork.

Is it OK to check in on FMLA leave?

Although the regulations do not speak to 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. Only check in when FMLA leave is about to expire. I cringed . That’s not right.

Can an employer contact an employee on FMLA leave?

Generally, an employer has the right to contact an employee on FMLA leave for certain limited purposes, but asking or requiring an employee to perform work while on leave can be considered interference.

Can an employee participate in a workplace investigation while on FMLA?

However, courts have held that employers may require employees on FMLA leave to participate in a workplace investigation (by phone and/or in person) so long as the employer can prove that it is following its standard internal investigation procedures and that it would have taken the same steps absent the employee’s FMLA leave.

Can I take FMLA leave for a two-hour doctor’s appointment?

If an airline flight crew employee needs to take FMLA leave for a two-hour doctor’s appointment, the employer may require the employee to use a full day of FMLA leave, during which the employee would not return to work.