Lawyer Shares Whether an Employer Can Contact a Worker During FMLA Leave

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Can Your Employer Contact You While on Medical Leave?

Glendale, United States – September 2, 2025 / Davtyan Law Firm, Inc. /

San Jose Employment Lawyer Explains If Your Employer Can Contact You During Medical Leave

An employer contacting an employee while they are taking medical leave may be in violation of FMLA laws, according to D.Law. The San Jose employment lawyers represent clients navigating disputes over the Family and Medical Leave Act (FMLA). They explain whether an employer can contact a worker on medical leave and which types of communications may be unlawful.

Communications That May Be Lawful During Medical Leave

Generally, a worker should not be required to complete any of their work duties while on leave under the Family and Medical Leave Act. When an employer requires a worker to fulfill work obligations during this protected leave, they may be committing “FMLA interference,” which is unlawful.

However, certain communications may be permissible during FMLA, according to D.Law. These may include:

Emails sent to the employee’s email address that they are not expected to read or respond to until after their leave
Requests for passwords, codes, or keys that only this worker has access to
Limited contact specific to the FMLA leave
Administrative check-ins or brief questions to assist the worker’s temporary replacement
Texts or calls checking on the employee’s well-being

D.Law explains that permissible communications are generally limited in scope. They also should not require the worker to spend more than a few minutes responding.

In some cases, an employee may volunteer to work during their paid leave. The employer’s communications about work may not be considered FMLA interference if the employee chose to complete certain tasks of their own volition. However, the employer should avoid pressuring the employee to return to work early or perform any tasks.

Communications That May Be Considered “FMLA Interference”

FMLA interference refers to any actions from an employer that would discourage or prevent a worker from taking leave that is within their rights under the FMLA. Employers need to be careful that their medical leave communications do not approach this territory.

Certain communications may be considered FMLA interference:

Requests for the worker to complete job obligations
Requests for the worker to perform other tasks that take longer than a few minutes
Complaints about how busy the workplace is without the worker there to assist them
Communications that use pressure or guilt to persuade the worker to return early
Requests for the worker to come into the office
Continual or ongoing communications about any work-related matters

The employer’s communications should not disrupt the worker’s leave or dissuade them from continuing their leave.

These same guidelines generally apply to workers who take intermittent leave, such as to attend medical appointments for an ongoing illness. Employers should only make reasonable contact during these periods of leave.

Contact D.Law for More Information

Employers should honor a worker’s FMLA leave and avoid communicating with them as much as possible during this time. D.Law commonly represents workers experiencing disputes over FMLA. The law firm has offices across California and serves clients experiencing a range of employment law issues.

Those interested in learning more about paid sick leave and whether an employer can contact a worker during medical leave should request a consultation with D.Law at 408-872-9877.