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

In North Carolina, employers have the right to ask an employee on FMLA leave to provide periodic updates. This is in accordance with the Family Medical Leave Act (FMLA) which sets out the rights of employers and employees when it comes to medical leave. The FMLA requires employers to make reasonable efforts to keep employees on leave informed of their job status and benefits while on leave. Employers are able to ask their employees to report periodically on their status during leave. Updates might include things like: providing medical certification when requested, providing written notice of the need for extensions of leave, and reporting on changes to the terms and conditions of the employees’ job. The frequency of the updates is at the discretion of the employer, and must be reasonable and practical. Employers do have a responsibility to provide employees with reasonable notice that they are required to provide periodic updates. Depending on the employee’s situation, the employer should provide personalized guidelines to ensure the employee is aware of the expectations for providing updates. Overall, the FMLA allows employers to ask employees on FMLA leave to provide periodic updates. Employers should take the steps necessary to ensure that they and their employees are in compliance with the FMLA’s guidelines.

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