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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19312
Experience:  Employment/Labor Law Litigation
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Employer meets FMLA requirements but does not have an

Customer Question

Employer meets FMLA requirements but does not have an required FMLA policy. Employee has to go out on FMLA. While on FMLA the employee's accesses (e-mail, remote server, etc) are suspended without any notification or explanation from the employer. What are the employee's options?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

The employee would really have any options on these facts. Access to the employer's remote server can be cut off based on the fact that while yo are not FMLA, you are not supposed to be working. The employer may want there to be no question about them requiring you to still do 'work' while you are out.

So, it is not illegal for them to cut that access off. At least, it is not enough by itself to be any indications of illegal discrimination at this time. I would certainly make a record of it, but unless and until some other evidence of discrimination crops up, there isn't anything that you can use it for.