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One of our employees is returning from FMLA next month. Is it okay for their manager to contact them before they return?

Yes. Employer-initiated contact during a protected leave is permissible, but it should be minimal and limited to necessary updates (like relocation of the workplace or a change in operating hours), confirmation of return dates, or expressions of goodwill. Occasional, thoughtful contact can help maintain a positive connection with the employee, so long as the tone and frequency remain appropriate. But too much communication during this time, even if well meaning, may seem like the manager is infringing on the employee’s protected time away from work.

 

Hopefully, it goes without saying that the employee shouldn’t be asked to perform any work while on leave. The manager should wait until the employee has returned before scheduling any formal meetings or engaging in any work-related discussions.

 

This Q&A does not constitute legal advice and does not address state or local law.
 
Answer from Kyle, PHR

 

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