Can an employer make inquiries about an employees leave during the absence?
Yes. The employer may ask the employee questions to confirm whether the leave needed or being taken qualifies for FMLA purposes, and may require periodic reports on the employee’s status and intent to return to work after leave. Further, the employer has the option of sending the employee (at the employer’s expense) to a second medical opinion. The employer may also have their health care provider contact the employee’s health care provider, with the employee’s permission, to clarify information in the medical certification or to confirm that it was provided by the health care provider.
