Human Resource Blog

When on medical leave can an employer request employee to work?

Currently we have an employee who is on doctors orders to take off for a week for rest. Can we, as an employer employer contact her to do work even if is as minimal as bring documents to work? Thanks T from Tennessee.

Hi T!

 

It is very unwise for the employer to ask this employee to work, or even permit her to work if the employee wants to. First, when doctors say * rest* they often mean *bed rest* — the employee is not supposed to be out of bed at all.

 

Really, working while she is supposed to be *resting* defeats the whole purpose, doesn’t it?

 

Second, if the employee in any way reinjures herself or makes her condition worse through driving to work, working, etc., the employer may be liable. It is even possible that the complication will become a workers comp injury. This is why most employers won’t allow an employee to return to work without a doctors release saying she is fit for duty. In this case, you are very aware that the employee does not have a doctors release.

 

If your company has more than 50 employees, this leave is FMLA and the employee cannot be required to do any work at all.

 

If the employee is exempt, and she does even 10 minutes of work, she is entitled to payment for the entire day. In addition, that day cannot be counted as  FMLA.

 

It  is reasonable for the employer to expect the employee to stay in touch during her leave so she can update the employer on when she will return. This might mean taking a phone call or replying to an email. But if the employee is physically unable to do those things (for any reason ranging from traction to depression) the contact may need to be with a family member.

 

You can require that the employee complete FMLA papers and send them to the employer (or bring them to the employer.) However, again, these may be completed or delivered by a family member.

 

It sounds like this employee may have essential documents like sales figures or payroll records. The best practice would be for the employer to do whatever it takes to recreate those documents or produce new ones. You should take exactly the same actions you would if the employee had been hit by a truck and was in a coma.

 

If the employee was supposed to leave these documents at work, or to have prepared them before she went on leave, then that is a performance issue that should be addressed upon her return. It would be appropriate to discipline the employee for that performance problem. But denying her medical leave is not an appropriate form of discipline.

When on medical leave can an employer request employee to work?