Legal Blog

Telebriefs®: Are Employees on FMLA Leave Allowed to Do Work?

work-from-homeThe Family Medical Leave Act (FMLA) can be confusing for employers, especially when it comes to whether an employee who is out on FMLA can actually do any kind of work while he/she is legally on such leave. The FMLA regulations permit, “voluntary and un-coerced acceptance of work by employees on medical leave, so long as acceptance is not a condition of employment.” Where employers have gotten into trouble is where they have expressly or impliedly required that employees respond to emails, texts, phone calls etc., which can be considered as work under certain circumstances. The FMLA, warns employers that it is “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise,” an employee’s right to medical leave. To learn more about what employees can and cannot do while on FMLA leave, listen to this week’s Telebrief here.


Also in this week’s Labor and Employment Telebrief:  the EEOC’s new Strategic Enforcement Plan, employee separation agreements, and how to deal with employees who misuse FMLA leave.




Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company.  Our guarantee: You will learn something useful, on every call! If you have any questions regarding  labor and employment issues, please contact

Howard Kurman: | 410.209.6417


Howard Kurman websiteHoward K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

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