Q: Can I require an employee to do work while the employee is on FMLA leave? What if the employee volunteers to work while on leave?
A: Under most circumstances, employees should not be required or permitted to perform work while on leave. The Family and Medical Leave Act (FMLA) provides eligible employees a maximum of twelve weeks unpaid, job-protected leave for specified family and personal medical reasons in a twelve month period. During that time, employers are prohibited from interfering with, restraining, or denying the exercise of or the attempt to exercise, any rights provided under the FMLA.
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