Is it legal for my manager to ask about my FMLA request?
My work manager is asking about my FMLA request, and I don’t think that’s legal — so I have not responded. However, now he is threatening to fire me for “no call, no show” if I do not follow up. I have already sent the FMLA forms to my doctor.
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Generally, once you notify your employer that you need leave for an FMLA-qualifying reason, your manager is not supposed to ask for personal medical details or challenge whether your condition is serious enough.
Those determinations go through Human Resources (HR) and are based on the certification from your healthcare provider.
However, your employer is still entitled to some basic updates about your leave status — such as:
- Whether you intend to take FMLA leave,
- When it’s expected to begin, and
- How long you anticipate being out.
If you haven’t provided any communication at all and haven’t confirmed whether your leave is underway or pending certification, your employer may view your absence as unexcused, which could lead to disciplinary action or termination for “no call, no show.”
Without knowing exactly what your manager asked or how your communication has gone so far, it’s hard to determine whether their conduct crosses a legal line, but remaining silent could unintentionally hurt your position.
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My work manager is asking about my FMLA request, and I don’t think that’s legal — so I have not responded. However, now he is threatening to fire me for “no call, no show” if I do not follow up. I have already sent the FMLA forms to my doctor.
Lexi, Chatbot
I’m sorry to hear about your situation. Have you previously informed your manager about your need for FMLA leave?
No, it’s not his business.
Lexi, Chatbot
Have you consulted with a legal professional or HR department regarding your rights under the Family and Medical Leave Act (FMLA)?
No.
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your FMLA rights.
Yes.
Patrick, Esq.
Hello, my name is Patrick. I am an attorney with more than 15 years of experience, and it will be my sincere pleasure to assist you with your question.
I’m sorry to hear about your situation. Can you elaborate on exactly why your manager is asking about your FMLA request? What specifically are they wanting to know?
Patrick, Esq.
Generally, once you notify your employer that you need leave for an FMLA-qualifying reason, your manager is not supposed to ask for personal medical details or challenge whether your condition is serious enough.
Those determinations go through Human Resources (HR) and are based on the certification from your healthcare provider.
However, your employer is still entitled to some basic updates about your leave status — such as:
- Whether you intend to take FMLA leave,
- When it’s expected to begin, and
- How long you anticipate being out.
If you haven’t provided any communication at all and haven’t confirmed whether your leave is underway or pending certification, your employer may view your absence as unexcused, which could lead to disciplinary action or termination for “no call, no show.”
Without knowing exactly what your manager asked or how your communication has gone so far, it’s hard to determine whether their conduct crosses a legal line, but remaining silent could unintentionally hurt your position.
Patrick, Esq.
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