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Employee Keeps Coming to Work on FMLA New Jersey

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  • Employee Keeps Coming to Work on FMLA New Jersey

    Is it illegal for someone to keep coming to work/to the office while on medical leave?

  • #2
    If he/she is coming to work, he/she is obviously not on medical leave. Said medical leave ceased the minute he/she started coming to work.

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    • #3
      Well, what if he/she just went on medical leave and started showing up again during the period designated for said leave? Does that mean he/she has terminated medical leave by showing up?

      Thanks for the advice!

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      • #4
        It is not illegal, but does throw a change into the works.....You need to ask the employee to recertify the changed FMLA need prior to allowing them to come back to work. Did they come back to their normal schedule? We require employees to have a "fit for duty" certification from their doctor before they are allowed to return (which I feel is "best practices" and can save a lot of these types of headaches). So you could be asking for one of those. Then if they don't provide it, you need to notify them that since they have returned, any new absences would not be protected unless they provide revised FMLA certification of the need.

        If they are ready to return, you must allow them to do so...otherwise it could be seen as retaliatory for them having taken FMLA .
        Per the DOL, "Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave." from the DOL : http://www.dol.gov/whd/regs/compliance/1421.htm

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        • #5
          Great, exactly what I needed to know, thank you!

          Comment

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