What Can You Not Do While on FMLA: Navigating Your Rights and Responsibilities

Introduction

The Family and Medical Leave Act (FMLA) is a federal law that grants employees the right to take an unpaid leave of absence from work with job protection and continued health insurance coverage. Whether it’s recovering from an illness, taking care of a sick family member, or welcoming a new child, FMLA provides important protections to workers in times of need. However, there are certain activities that are prohibited while on FMLA that employees need to be aware of in order to protect their rights and avoid any potential legal consequences. This article aims to provide a comprehensive guide to what one cannot do while on FMLA.

The Basics of FMLA and What It Protects

The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave in any 12-month period. To be eligible, employees must have worked for their employer for at least 12 months and have logged at least 1,250 hours of service during the previous 12 months. The leave can be taken for the following reasons:

The birth of a child, or to care for a newborn child within one year of birth
Placement with the employee of a child for adoption or foster care
To care for the employee’s spouse, child or parent with a serious health condition
A serious health condition that makes the employee unable to perform the essential functions of his or her job

While the leave is unpaid, employers are required to maintain the employee’s health insurance coverage during the leave period. Additionally, upon return from FMLA, the employee is entitled to be reinstated to their same position or an equivalent position with the same pay and benefits.

The Do’s and Don’ts of FMLA

Permitted activities while on FMLA leave

While on FMLA, employees are not completely prohibited from all activities and some things are still permitted, including:

Seeking other employment (though it may not conflict with the terms and conditions of the FMLA leave period).
Participating in other voluntary activities, such as low-impact exercises, that do not interfere with the employee’s recovery or medical treatment plan.

Prohibited activities while on FMLA leave

While FMLA does not restrict employees from taking care of personal business while on leave, it does prohibit certain activities. Employers should ensure that their employees are aware of the following:

Engaging in activities that would be prohibited if the employee was at work
Conducting work-related tasks for the employer while on leave
Taking paid leave while on FMLA leave (though employers can allow employees to use paid leave to supplement FMLA leave)
Violating any established policies or requirements under the employer’s leave program

List of major things to avoid doing while on leave

Employees should avoid the following activities while on FMLA:

Engaging in activities that would be prohibited if the employee was at work. For example, if an employee is taking leave because of depression or another emotional condition, using drugs or alcohol would not be permitted.
Performing work for the employer while on leave, including answering emails or phone calls, or completing paperwork.
Taking paid leave while on FMLA leave. Employees should not use paid leave while on FMLA leave unless their employer allows it or require it. This can cause confusion for the employer, and even lead to legal issues.
Violating any established policies related to leave. Employees should make sure they are following any established policies related to the use of FMLA leave, including providing proper notice and medical certification if required.

Legal Implications of Violating FMLA Policies

If an employee violates FMLA policies, they may face legal action and the following consequences:

Loss of job protection afforded by the FMLA.
Loss of legal recourse if you are retaliated against by your employer during or after your leave.
Lawsuits against the employee by the employer for any damages caused during the time off work.

To avoid these and other consequences, it is important for employees to adhere to all FMLA-related policies and regulations.

Best Practices Employers Recommend to Ensure Compliance with FMLA

To ensure compliance with FMLA, experts recommend the following:

Provide employees with clear and comprehensive information about their rights and responsibilities under FMLA.
Train managers and supervisors to properly handle FMLA leave requests and to ensure that they follow all of the employer’s policies and procedures.
Establish a point person or team tasked with managing FMLA requests and ensuring that all required documentation is collected and properly filed.

To Inform or Not To Inform – How Much Should You Tell Your Boss?

One of the issues that employees often face while on FMLA is when and how much they should disclose to their employer. When it comes to medical information, it’s important to protect your privacy while still providing your employer with enough information to understand your situation. Here are a few tips:

Tell your supervisor or HR representative only what is necessary.
Provide medical certifications or other documentation to support your need for leave.
Ensure that anyone who manages your leave requests understands your medical condition and how it affects your ability to work.
Clarify how much information will be shared with your co-workers and managers, and work with your employer to determine the best way to communicate that information.

Navigating the Intricacies of FMLA Policies and Their Exemptions

There are a variety of intricacies to FMLA policies and their exemptions that employees may not be aware of. Here are a few additional details:

The FMLA also covers military leave entitlements, including certain countries that you may need to take time off to visit, such as during military deployment.
The FMLA does not cover sick leave that is not covered under the Family and Medical Leave Act.
Employers can provide employees with more than 12 weeks of FMLA leave if their leave is covered under state or local laws.

Conclusion

While FMLA provides important protections to employees, it is essential to understand your responsibilities and follow regulations to avoid any legal issues. Employees on FMLA are prohibited from engaging in certain activities while on leave, and it’s important to adhere to established policies and regulations to ensure compliance. Employers can help by providing clear information to their employees, training managers and supervisors to handle leave requests, and creating a team or point person responsible for managing FMLA leave requests. Finally, it’s essential to carefully consider how much medical information to share with your employer to ensure privacy while still providing enough information to support your need for leave. Knowing your rights and responsibilities under FMLA can help you navigate the intricacies of the law.