Can an employer make inquiries about the employee’s leave during the employee’s absence?
Yes, they may make inquiries of the employee. The employer may ask 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. Also, if the employer wishes to obtain another opinion, the employee may be required to obtain additional medical certification at the employer’s expense, or rectification during a period of FMLA leave. The employer may also contact the employee’s health care provider, with the employee’s permission, for purposes of clarification and authentication of the medical certification (whether initial certification or recertification) after the employer has given the employee an opportunity to cure any deficiencies. To make such contact, the employer must use a health care provider, human resources professional, leave administrator, or management official. Under no circumstances, however, may the employee’s direct supervisor contact the heal
