Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Yes, employers in Washington have the right to ask an employee on Family and Medical Leave Act (FMLA) leave to provide periodic updates. Under the FMLA, employers are allowed to require employees on FMLA leave to provide periodic reports regarding their health condition and their intent to return to work. These reports are meant to ensure that employees are using their FMLA leave appropriately, and not using it for other purposes. Employees have the right to provide periodic updates, however, employers cannot require that these updates be provided in person or over the phone, they must agree to alternate means of contact that do not disrupt the employee’s leave, such as email or text. Employers can only contact the employee for updates if they are necessary to determine if the employee is still eligible for FMLA leave and the employee must be given reasonable notice before any contact is made. Employees on FMLA leave must also give their employer notice of any changes in their circumstances, such as changes in their expected date for returning to work or any changes to their medical condition. This will help employers to ensure that the employee is still eligible for FMLA leave and that their leave is being used properly. To sum up, employers in Washington do have the right to ask employees on FMLA leave to provide periodic updates, as long as it is done in a way that is respectful of the employee’s leave.
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