In some situations, companies can legally contact employees who are out on medical leave. But where do the courts draw the line?

Read the facts of this real-life case and decide: Who won?

The facts:

While an employee was out on FMLA, her boss contacted her several times at home, mostly with questions about the location of files she’d handled last. Also, she was asked a few times if she could come into the office or work on some documents that would be faxed to her. She said no and never actually worked while on leave. But she did sue the company for interfering with her right to take FMLA.

The employer said:

All the manager did was call with work-related questions. The employee was still allowed to take leave and was never forced to perform any tasks while she was home.

Who won the case?

Answer: The employee.

Why: The court ruled that repeatedly contacting the woman about work-related matters interfered with her right to take leave.

In other words, leave is leave, and managers can’t badger employees with questions and requests while they’re out on FMLA.

Cite: Kesler v. Barris, Sott, Denn & Driker, PLLC

Tags: contacting employees, FMLA, FMLA interference, work requests