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

Yes, employers in New York do have the right to ask an employee on FMLA leave to provide periodic updates. The Family and Medical Leave Act (FMLA) does not restrict employers from doing so. All employers are required to have a policy in place that outlines how employees on FMLA leave should remain in contact with the employer during their absence. Generally speaking, employers may require periodic updates from employees on FMLA leave to ensure that their absence is due to a qualifying FMLA event. As an employee, it is important to understand your employer’s policy regarding updates from employees on FMLA leave. Employers may require that employees provide periodic updates in a variety of different forms, such as phone calls, emails, or written communications. If your employer requires periodic updates, it is important to remain in contact as required. Failure to do so could result in your employer denying and/or revoking your FMLA leave. Despite the fact that employers have the right to require updates, they must be reasonable in their expectations. Employers are not allowed to ask for more information than necessary or to make the updates overly frequent or burdensome. If you believe that your employer is asking you for more information than necessary, or if you feel as though the frequency or form of the updates is unreasonable, contact the New York Department of Labor or an attorney for help.

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

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