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Can you contact an employee on paid parental leave?

On Behalf of | May 8, 2025 | Business Litigation

Mothers and fathers in Florida are eligible for time off after the birth or adoption of a child. The state allows a seven-week paid maternity leave for the mother to recover after the birth of a child and 2-week paid parental leave for both the mother and father to care for and bond with their newborn or newly adopted child. 

As an employer, you should be adequately informed about the rights of an employee on parental leave. One of the things to learn more about is whether or not you can contact them.

Here is what to know:

Avoid interfering with the employee’s rights

The Family and Medical Leave Act (FMLA) generally prohibits employers from interfering with an employee’s exercise of rights under this law. Frequently contacting an employee may be regarded as an interference

You should only contact your employee when it’s necessary.  For instance, when you want to collect information about their return date or needed reasonable accommodations. You may also ask them to clarify a few non-work details, for example, to help their temporary replacement find files or passwords. Besides, you can send them reminders about vital matters, such as deadlines for submitting updated documentation for a new health insurance coverage. 

When you have a promotion opportunity, your employee on leave should be informed. Failing to do this can result in a discrimination case. Consider sending such updates to an email list that includes all employees.

Ensure that your communications are brief, whether via a phone call or email. Extensive conversations or contacting an employee to ask them to work while on leave may get you into trouble.

If an employee accuses you of breaching their rights, it may be wise to seek legal guidance to see how best to respond.