Working from Home While on FMLA?
It's tempting to check emails while on leave. Find out why working while on FMLA is a legal risk for both you and your boss.
Introduction
"I'll just answer a few emails." or "Call me if you need anything." These innocent phrases can destroy your FMLA protection.
The Rule: Leave Means LEAVE
If you are working, you are not on leave.
- **For the Employee:** If you are answering emails, your employer can argue you weren't actually incapacitated, potentially proving FMLA fraud.
- **For the Employer:** If a manager asks you to work, they are interfering with your FMLA rights (illegal).
What is "De Minimis" Work?
Courts allow tiny amounts of contact ("de minimis"): - Passing on passwords. - Telling a colleague where a file is saved. - Brief status updates on your health.
Anything more—attending a Zoom meeting, drafting a memo, or regular troubleshooting—is **work** and should be paid.
Conclusion
Set your Out of Office reply and disconnect. Protections apply to *unprotected* time, not work time.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*
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