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Q: Can I require an employee to do work while the employee is on FMLA leave? What if the employee volunteers to work while on leave?
A: Under most circumstances, employees should not be required or permitted to perform work while on leave. The Family and Medical Leave Act (FMLA) provides eligible employees a maximum of twelve weeks unpaid, job-protected leave for specified family and personal medical reasons in a twelve month period. During that time, employers are prohibited from interfering with, restraining, or denying the exercise of or the attempt to exercise, any rights provided under the FMLA.
This does not mean that an employee must be left alone completely.