Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Yes, employers do have the right to ask an employee on Family and Medical Leave Act (FMLA) leave to provide periodic updates. Under the FMLA, employers have the right to make reasonable requests for intermittent or occasional updates while the employee is away. In Tennessee, employers are also allowed to require employees to keep in contact with them from time to time in order to remain on an approved leave of absence. Employers may also request that employees provide notice of any changes in their condition which might cause them to be unable to return to work at the expected time. Employers are not permitted to require an employee on FMLA leave to submit regular updates that would be disruptive or intrusive. The FMLA also prohibits employers from intimidating or coercing employees to return to work before they are medically cleared by their health care provider or before the leave time expires. Additionally, while employers can require an employee to report their progress from time to time, the employee is not required to respond to telephone calls or emails from their employer during their leave. Employees can also choose to communicate with their employer in person or by mail if they so choose. Overall, employers have the right to ask an employee on FMLA leave to provide periodic updates, as long as these requests are not too frequent or disruptive. Employees must be given the opportunity to provide the employer with notice of any changes in their condition that might cause them to miss the expected return date.
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