Can an employer make inquiries about an employees leave during an absence?
Yes, but only to the employee. Employers may ask questions to confirm whether the leave needed or being taken qualifies for FMLA purposes and may require periodic reports on employee status and intent to return to work after leave. Also, if the employer wishes to obtain another opinion, employees may be required to obtain additional medical certification at the employer’s expense, or rectification during a period of FMLA leave. The employer may have a health care provider representing the employer contact the employees’ health care provider, with their permission, to clarify information in the medical certification or to confirm that it was provided by the health care provider. The inquiry may not seek additional information regarding employees’ health condition or that of a family member. For more on FMLA compliance, see J. J. Keller’s FMLA Revealed: Understanding Leave Requirements manual.
