What can you not do while on FMLA?
Asked by: Kendra Schneider IV | Last update: August 3, 2025Score: 4.6/5 (12 votes)
It's fine to continue to work while you're on FMLA, as long as you're doing it voluntarily and not because your employer is forcing you. Another thing you can't do is lie to your employer about why you're taking FMLA. That's called fraud – it's going to get you fired.
Can I take a trip while on FMLA?
You can very much travel while on FMLA as long as it does not interfere with your disability and your treating physician believes it to be permissible. So, yes, you can travel out of the country while on FMLA. Remember, you can take up to 12 weeks. After that time, you are no longer protected if you do not return.
What is the disadvantage of FMLA?
FMLA leave isn't necessarily paid leave (that's up to your employer, or what you and your co-workers can negotiate in a union contract.) If you are a new employee, work too few hours a year, or your company has too few employees, you might not be eligible.
What are examples of FMLA abuse?
- Chronic Monday/Friday Absences. ...
- Unreported Secondary Employment. ...
- Pattern of Intermittent Leave Surrounding Holidays or Special Events. ...
- Failure to Provide Timely and Complete Medical Certification. ...
- Excessive Use of Unplanned, Short-Term FMLA Leave.
What are the responsibilities of employees while on FMLA?
Employee responsibilities
Tell your supervisor how your pay should be recorded during your leave. Complete any required forms and return them to HR during the designated time frame. Notify your supervisor and HR if any status changes occur during your leave. Give your supervisor and HR your return-to-work date.
The One Thing You Should NEVER Do If You Take A Medical Leave
Does FMLA protect you from being fired?
The law prohibits employers from firing employees in retaliation for exercising their rights to use FMLA-protected leave. The law not only protects your job while you are on leave, but it also protects your job when you return to work.
What does HR do with FMLA paperwork?
HR will determine whether the employee is eligible for FMLA leave and, if so, HR will give the employee a Notice of Eligibility and of Rights and Responsibilities. HR departments can draft their own forms, but most use the one provided by US DOL.
Can FMLA be investigated?
Bottom line on termination for FMLA leave abuse
Suppose an employer cannot find evidence of an employee's abuse of leave on its own; it could call in a professional investigator for investigation of the suspected leave abuse (an employer cannot simply rely on employees/co-workers).
What is considered FMLA retaliation?
Understanding FMLA Retaliation in California
FMLA retaliation occurs when an employer takes negative action against an employee because they used or tried to use their FMLA leave rights. This can include being fired, demoted, losing a promotion, having pay reduced, or even being given a less desirable job.
Can you collect unemployment if you are fired after FMLA?
Is There Eligibility to Received Unemployment Compensation if Employment Is Terminated While the Employee Is Disabled? No. To be eligible to receive unemployment compensation benefits, a terminated employee is required to certify their ability to work.
Why would someone be denied FMLA?
If an employee does not provide either a complete and sufficient certification or an authorization allowing the health care provider to provide a complete and sufficient certification to the employer, the employee's request for FMLA leave may be denied.
What are damages under the FMLA?
Those damages include back wages, also reinstatement to your prior position. If reinstatement is not a feasible remedy, you may be awarded front wages, and an additional category of damages under the FMLA is liquidated damages, which automatically double the amount of damages that you are entitled to.
Why use FMLA instead of sick leave?
The FMLA and the CFRA are federal and state leave laws that allow eligible employees of covered employers to take unpaid, job-protected leave. FMLA and CFRA help to protect your job while you are receiving Disability Insurance or Paid Family Leave benefits when you must: Take medical leave for yourself.
What am I not allowed to do on FMLA?
It's fine to continue to work while you're on FMLA, as long as you're doing it voluntarily and not because your employer is forcing you. Another thing you can't do is lie to your employer about why you're taking FMLA. That's called fraud – it's going to get you fired.
Can your employer reach out to you while on FMLA?
It's generally acceptable if your employer reaches out to you to ask a question or clarify an issue while you're away from work. But if you're being pestered constantly or asked to work while out on leave, that may violate the law—as long as you don't voluntarily comply with the demands.
What happens when my 12 weeks of FMLA is exhausted?
When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.
What is an example of FMLA abuse?
If an employee's health condition prevents them from performing strenuous physical labor, for example, they may still be able to perform light office duties at a second job. But if their responsibilities at another job are similar to the role they're on leave from, this could indicate employee abuse of FMLA leave.
Can I be fired while on intermittent FMLA?
8: Can we fire an employee using intermittent leave? Obviously, workers can't be fired for taking FMLA leave. But employers can lay off, discipline and terminate employees who violate company policies or perform poorly – even if they're on FMLA leave.
Can you be written up while on FMLA?
Violations of an employee's FMLA rights may include actions such as writing up the employee for missing work when using FMLA leave, denying a promotion because the employee has used FMLA leave, or assessing negative attendance points for FMLA leave use.
What is the red flag for FMLA?
Red flag 2: Insufficient documentation or questionable doctors' notes. An employee's failure to submit relevant medical documentation when applying for FMLA leave could signal dishonesty on their part. The same applies if their doctor's notes or medical certifications are vague or come from incompatible sources.
Do employers call doctors to verify FMLA?
Your medical details are protected by FMLA and HIPAA laws, and employers cannot request information about their medical conditions or obtain copies of their medical records.
What is considered FMLA harassment?
Whether physical or verbal, FMLA harassment occurs if your employer or another employee intimidates you. Intimidation can happen before, during or after you take FMLA leave. Typically, these threats involve your current job or future with the company.
Can your manager question you about FMLA?
In all cases, the employer may ask additional questions to determine if the leave is FMLA-qualifying. Generally, an employee must give at least 30 days advance notice of the need to take FMLA leave when he or she knows about the need for the leave in advance and it is possible and practical to do so.
Why are doctors hesitant to fill out FMLA paperwork?
Because of doctors' workloads and the inability in many situations to render a precise prognosis about the frequency and duration of a condition, it can be a challenge when they have to complete patients' FMLA request forms.
Does anxiety qualify for FMLA?
For Self: An employee can take FMLA time if they have a serious health condition that severely impacts their ability to work. Some common conditions that may qualify include depression and severe anxiety.