When a key employee is on FMLA leave and an urgent issue arises, it’s natural to wonder: Can we contact them? Are there restrictions while on FMLA leave? How do we communicate without crossing a legal line?
These are important questions—and ones small and mid-sized business owners ask frequently. While the Family and Medical Leave Act (FMLA) does not outright prohibit communicating with employees while on leave, there are strict limits on what employers can request during that time.
Let’s walk through what you need to know about contacting employees on FMLA leave without interfering with their protected time off.
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Yes—but only in limited circumstances.
FMLA regulations prohibit employers from interfering with an employee’s right to take protected leave. That means you may not require the employee to perform job duties while on leave. However, brief, occasional contact to request passcodes, status updates, or institutional knowledge is typically allowed—as long as it doesn’t cross the line into work.
Important: Repeated, unnecessary or pressuring contact could result in legal claims for FMLA interference or retaliation.
If you find yourself in a situation where contacting the employee seems unavoidable, here are best practices to follow:
Respect the purpose of FMLA leave: rest, recovery or caregiving. Only reach out when there’s no other way to access critical information.
You may not assign projects, request deliverables, or require work-related problem-solving while the employee is on leave.
The Department of Labor views a brief phone call as less likely to interfere than asking the employee to respond to emails or come into the office.
Record what was discussed, why it was necessary, and when the interaction took place. Documentation helps reduce risk if questions arise later.
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If a workplace investigation must occur while an employee is on leave, you do have flexibility—but tread carefully.
When in doubt, work with your HR partner or employment counsel to handle the situation correctly.
Handling FMLA leave incorrectly, even with good intentions, can trigger expensive legal claims.
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Navigating how and when to contact employees on FMLA leave requires care, compliance and consistency. Axcet HR Solutions helps small and mid-sized businesses:
Our certified PEO team can help you manage leave with confidence and clarity.
Schedule a consultation with Axcet HR Solutions to protect your business and support your employees »
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