Introduction
If you’re an employee in the United States, you may have heard of the Family and Medical Leave Act (FMLA). This federal law allows eligible employees to take up to 12 weeks of unpaid leave per year to care for a serious health condition or take time off for the birth or adoption of a child. While this law does provide important protection for workers, it’s important to know what you can and cannot do while on FMLA.
In this article, we’ll explore the top things you should avoid doing while on FMLA, provide a guide on what is legally allowed, and detail some common problems employees face while on FMLA. We’ll also answer common questions and provide tips for navigating your leave successfully.
The Top 7 Things to Avoid Doing While on FMLA Leave
While on FMLA, you may think you have the luxury of taking time off without any consequences. Unfortunately, this isn’t always the case. Here are some common actions that can get you in trouble while on FMLA leave:
- Working for your employer or any other employer while on leave
- Going on vacation, unless it’s necessary to receive medical treatment
- Engaging in any activity that could worsen your medical condition
- Engaging in behavior that could be considered harassment or discrimination
- Performing any activity that would violate your employer’s policies
- Not returning to work after your leave is over
- Making false statements or lying about your illness or leave
To avoid these actions, it’s important to communicate clearly with your employer and follow your doctor’s recommendations. If you have concerns or need clarification, don’t hesitate to ask.
Navigating FMLA: A Guide to What You Can and Cannot Do
Now that we’ve explored some of the things you should avoid while on FMLA, let’s discuss what you are legally allowed to do. Under FMLA, you have the right to:
- Take up to 12 weeks of unpaid leave per year
- Receive group health benefits while on leave
- Return to the same or an equivalent position after your leave is over
- Take leave intermittently or on a reduced schedule, if medically necessary
- Use sick or vacation time in conjunction with your FMLA leave
It’s important to note that FMLA only applies to employers who have 50 or more employees within a 75-mile radius. Additionally, you must have been working for your employer for at least 12 months before you can take FMLA leave.
Staying on Track: 7 Prohibited Actions to Keep in Mind During Your FMLA Leave
So, what if your employer asks you to do something that is prohibited while on FMLA? Here are some prohibited actions to keep in mind:
- Working for your employer or any other employer while on leave
- Attempting to work during your leave period, even if you aren’t compensated for it
- Using your FMLA leave to avoid disciplinary action
- Harassment or discrimination against other employees while on leave
- Violating your employer’s policies while on leave
- Not returning to work after your leave is over
- Making false statements or lying about your illness or leave
If your employer asks you to do something prohibited, it’s important to explain that it violates your leave. If you’re unsure whether an action is prohibited while on FMLA, check with your human resources department or an attorney.
FMLA FAQs: What You Need to Know About Restricted Activities During Your Leave
Here are some common questions and answers about what you can and cannot do while on FMLA:
Can I work part-time while on leave?
If your employer approves, you may be able to take FMLA leave intermittently or on a reduced schedule. However, any work you do while on leave will count against your 12-week allotment, even if you are not being paid for it.
Can I use my sick or vacation time while on leave?
Yes, you may use your accrued sick or vacation time while on FMLA leave. You will still be counted against your 12-week allotment, but you may receive partial pay if your employer approves.
Can I use my FMLA leave to go on vacation?
No, unless it’s necessary to receive medical treatment while on vacation. If you go on vacation for purely recreational purposes, it will be considered a violation of your leave.
Do I have to tell my employer why I am taking FMLA leave?
You don’t have to disclose medical details, but you do need to explain that you are taking leave for a serious health condition or to care for a family member who has one.
The Dos and Don’ts of FMLA: 7 Actions to Steer Clear of While Taking Leave
To stay on track during your FMLA leave, it’s important to keep these dos and don’ts in mind:
Do Communicate Clearly
It’s important to communicate clearly with your employer about your plans and status while on leave. Make sure you stay in touch and let them know when you’ll be returning to work.
Do Follow Your Doctor’s Orders
Make sure to follow your doctor’s advice and recommendations while on leave. This will not only help you heal or take care of your family member, but it will also protect your job and benefits.
Do Keep Documentation
Keep copies of any documentation related to your FMLA leave, including paperwork and communications with your employer. This will help protect you in case of any disputes.
Don’t Work or Attempt to Work
Don’t work for your employer or any other employer while on leave. This will count against your 12-week allotment and could jeopardize your job or benefits.
Don’t Violate Any Policies or Laws
Make sure to follow your employer’s policies and abide by all applicable laws while on leave. If you violate any policies or laws, you could face disciplinary action or even legal consequences.
Don’t Engage in Harassment or Discrimination
Make sure to be respectful and professional towards other employees while on leave. Engaging in harassment or discrimination could violate your employer’s policies and lead to legal consequences.
Don’t Wait Until the Last Minute
Make sure to give your employer plenty of notice before taking FMLA leave. Waiting until the last minute could cause confusion and make it harder for your employer to make accommodations.
Juggling Your Leave and Responsibilities: 7 Behaviors to Avoid
While on FMLA leave, it can be a challenge to balance your need to take time off with your responsibilities to your employer and coworkers. Here are some behaviors to avoid:
- Ignoring your employer’s requests for documentation or communication
- Leaving your employer in the dark by failing to communicate clearly
- Refusing to train a replacement or delegate responsibilities while on leave
- Complaining to other employees or spreading rumors
- Engaging in any behavior that could harm your employer’s reputation
- Pretending you are sick when you are not, or exaggerating your illness
- Taking FMLA leave as a way to avoid responsibility or disciplinary action
By avoiding these behaviors and communicating clearly, you can help ensure a smooth transition back to work when your leave is over.
A Complete List of Restricted Activities While on FMLA Leave
Here is a comprehensive list of all things you cannot do while on FMLA leave:
- Work for your employer or any other employer while on leave
- Attempt to work during your leave period, even if you aren’t compensated for it
- Use your FMLA leave to avoid disciplinary action
- Engage in harassment or discrimination against other employees while on leave
- Violate your employer’s policies while on leave
- Not return to work after your leave is over
- Make false statements or lie about your illness or leave
- Go on vacation for purely recreational purposes
- Engage in any activity that could worsen your medical condition
If your employer asks you to do any of these activities, it’s important to explain that it violates your FMLA leave. If you’re unsure whether an action is prohibited while on FMLA, check with your human resources department or an attorney.
Conclusion
In summary, it’s important to know what you can and cannot do while on FMLA leave. By following these guidelines, communicating clearly with your employer, and being responsible, you can help ensure a smooth transition back to work when your leave is over. If you have any problems or concerns while on leave, don’t hesitate to contact your human resources department or an attorney for help.
Next Steps for Employees Dealing with Problems While on FMLA Leave
If you’re facing problems while on FMLA leave, here are some steps you can take:
- Talk to your human resources department
- Consult with an attorney
- Contact the U.S.
