Do employers have the right to ask an employee on FMLA leave to provide periodic updates?

Yes, employers in California have the right to ask an employee on FMLA leave to provide periodic updates. The Family and Medical Leave Act (FMLA) allows employees to take job-protected time off for certain medical and family reasons, such as care for a newborn baby or serious illness. California’s own version of the FMLA law, the California Family Rights Act (CFRA), also provides eligible employees with job-protected leave. Under both laws, employers may ask employees to provide periodic updates on their leave status and medical condition. Employers are allowed to make reasonable inquiries to ensure the leave is being taken properly and that the employee is keeping his or her employer informed. Reasonable inquiries may include verifying the employee’s expected return date, requesting periodic updates about the status of the employee’s medical condition, and asking for a certification form or other documentation from a healthcare provider. Employers may also require that an employee using FMLA or CFRA leave periodically report his or her intent to return to work. This is known as an “intermittent leave” requirement and allows employers to ensure employees are not taking advantage of the leave in an unreasonable or inappropriate manner. In California, employers may also require that an employee use accrued paid leave, such as vacation or sick time, to cover the period of FMLA or CFRA leave, unless otherwise prohibited by law. This helps protect employers from having their staffing levels disrupted while an employee is out on leave.

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Do employers have the right to ask an employee on FMLA leave to provide periodic updates?

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