An employer may require an employee on FMLA leave to periodically report on the employee's status and intent to return to work. However, the employer's policy regarding such reports may not be discriminatory.
If an employee gives an employer unequivocal notice of his or her intent not to return to work, the employer's obligations under FMLA to maintain health benefits (subject to COBRA requirements) and to restore the employee cease. However, an employer’s FMLA obligations continue if an employee indicates he or she may be unable to return to work but expresses a continuing desire to do so. For more periodic reports, please click here.
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