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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117401
Experience:  20+ Years of Employment Law Experience
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Can an employer restrict an employee from all contact with

Customer Question

Can an employer restrict an employee from all contact with the job because he/she is on FMLA?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

When an employee is off of work for any reason, the employer may limit or restrict contact with work. If an employee is out sick, they are presumed not to be able to work, which is what they are saying when they say they are too sick to come to work. So the employer can limit or restrict the employee's access to work emails or even work until they are able to return to work. That is not discriminatory nor a violation of FMLA for the employer to tell an employee that if they are out sick and need to be away from work under sick leave or FMLA, that they cannot do any work and no law or court case rules that an employer cannot do so.