Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Yes, employers have the right to ask an employee on Family and Medical Leave Act (FMLA) leave to provide periodic updates. According to the New Hampshire Department of Labor, the federal law outlines the minimum requirements for businesses, and states that employers may require necessary documentation from an employee to verify a medical condition. This includes periodic updates and periodic re-certifications of medical information. Employers must also provide reasonable notice to employees when requesting updates on medical conditions or treatments related to an employee’s FMLA leave. Employees should be reasonably aware of any required updates and should provide them within a reasonable time frame. The employee should also be allowed reasonable time to prepare for those updates. Employers must also inform employees in writing of any policies for requesting updates during FMLA leave, including the form of the update, and any specific deadline for submitting the update. The employee must also be given reasonable advance notice of the need for periodic updates. It is important to remember that employees taking FMLA leave have certain rights, including the right to privacy. Employers should not seek additional information beyond what is necessary to verify a medical condition. Employers must also maintain confidentiality of any medical information collected from employees.
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