Can my boss ask me why I’m sick while on FMLA or can my boss call me while I’m out sick while on FMLA?

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Can my boss ask me why I’m sick while on FMLA or can my boss call me while I’m out sick while on FMLA?

Asked on December 5, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer to both your questions is "yes":

1) An employer does not need to simply accept your general assertion that you are "sick" but can ask for details--and also evidence or proof (such as a medical diagnosis).

2) Anyone, including your employer, may call you while you are on leave.

FMLA leave is not a right to retain your job while cutting off all contact with work and refusing to even communicate with your employer.


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