Can Your Employer Contact You While on Medical Leave? Know Your FMLA Rights in Florida

When you or a loved one faces a medical crisis, the last thing you want to worry about is your job security. That’s why the federal Family and Medical Leave Act (“FMLA”) provides job-protected leave for eligible employees, including those here in Florida. But what happens if your employer starts calling, texting, or emailing you during your leave? Can your employer contact you while on medical leave? Let’s break down what the law says, what you can expect, and how to protect your rights.

Taking medical leave can be stressful—understand your rights to peace of mind.

Understanding Florida’s FMLA Protections

It is important to note that while Florida does not have its own state FMLA law, Florida employees still benefit from all the protections offered by the federal FMLA. The federal law generally applies to employers with 50 or more employees and provides up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons. It is essential to understand can an employer contact you while on FMLA.

Key requirements for employee eligibility under the FMLA:

1. You must have worked for your employer for at least 12 months.
2. You must have worked at least 1,250 hours in the 12 months before starting leave.
3. Your employer must have at least 50 employees within a 75-mile radius of your worksite.

If you meet these criteria, you may be entitled to unpaid leave for a qualifying reason, such as:

• The birth or adoption of a child.
• Your own serious health condition.
• Caring for a spouse, child, or parent with a serious health condition.

The FMLA also grants specific military family leave entitlements, allowing eligible employees to take leave for designated reasons related to certain family members’ military deployments. Furthermore, employees may use up to 26 weeks of FMLA leave within a single 12-month period to care for a covered servicemember with a serious injury or illness.

Can Your Employer Contact You While on FMLA Leave?

With so much technological connectivity in today’s modern world, we seem to live with a constant stream of communication. When you add in the many more people working from home, it can be confusing to understand employee rights. Are employers allowed to contact you during FMLA leave?

While on FMLA leave, you generally have the right to time away from work to focus on your health and family without interruption. However, the law does not impose an absolute “no contact” rule on employers. Brief and limited work-related communications are sometimes permissible. For example:

• Administrative Check-Ins: An employer may contact you to clarify brief questions about your job duties to help a temporary replacement or to locate files or passwords.
• Return-to-Work Logistics: An employer may reach out as your return-to-work date approaches to confirm a start date or gather information about any needed accommodations.

Basically, if an employer’s request entails readily accessible information and is important to the company’s operations, it may be considered legal. While the line between legal and illegal regarding contact during FMLA leave is not distinct, some courts have ruled that “de minimis” work-related contact is legal. In other words, minimal contact from employers is allowed.

Other questions you might have are: can your employer contact you while on short-term disability? They may ask when you will be ready to return to work, if you need any accommodations, or pose requests for similar work issues.

The key is that the contact should not be so frequent or demanding that it effectively negates your right to leave. The purpose of the contact should be limited and work-related, not to pressure you into ending your leave early.

When Does Contact Cross the Line?

If your employer’s communications become excessive, intrusive, or are designed to make you feel guilty for taking leave, this may be considered interference with your FMLA rights. Contact that suggests you should return to work before you are ready, insists you participate in lengthy meetings, or requires you to handle complicated projects from home might violate the FMLA. 

Warning signs that your employer may be overstepping boundaries include:

• Frequent texts, calls, or emails about non-urgent matters.
• Pressure to “help out” with ongoing work assignments.
• Requests that make you feel stressed, anxious, or worried about your leave being cut short.
• Treating your FMLA leave as a work-from-home leave.

Protecting Yourself and Your Rights

If you find yourself on the receiving end of unwanted communication during your leave, consider these steps:

1. Maintain Documentation: Keep records of all communications from your employer while you are on leave—this includes saving emails, recording dates and times of calls, and noting any details about the content of these conversations. Documenting violations of your FMLA leave rights will be important later on if you contact an attorney for assistance.
2. Politely Set Boundaries: If you are comfortable doing so, you can respectfully remind your employer that you are on protected leave and will address non-urgent matters when you return. Alternatively, you can provide time frames you are willing to have a quick phone call or respond with a quick email. Be careful not to volunteer to perform work duties. If asked to perform something substantial, you may consider saying no or questioning them about repercussions if you do not perform what was requested.
3. Seek Legal Guidance: If the contact persists or you believe your employer is interfering with your rights, consult an experienced FMLA attorney. They can help you understand whether the law has been violated and advise you on next steps.

Safeguard Your FMLA Rights—Reach Out to Wenzel Fenton Cabassa, P.A. Today!

Your FMLA rights are invaluable and should never be compromised. If you are facing violations from your employer through improper contact or other actions, you do not have to face it alone. At Wenzel Fenton Cabassa, P.A., we are committed to defending employees like you, ensuring your rights are preserved and your job remains secure.

If you suspect your FMLA rights have been breached, take proactive steps to protect yourself. Contact us today or schedule a free case evaluation with one of our seasoned employment law attorneys. Let us assist you in holding your employer accountable and securing the justice you deserve. Contact us now to take decisive action!