Hello and welcome,

If an employee is on FMLA leave, it is typically not illegal for an employer to contact the employee, but the employee is not required to comply with a request to come into work since the FMLA permits them to remain on leave as long as they qualify normally.

The employee may refuse the request typically, but if they comply, the employer is required to pay them according to state and federal law. So if the employee is an hourly employee, they should be paid their regular rate for the time actually at the employer's offices.

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