Can Employers Force NJ Employees to Work During FMLA Leave?

Family and Medical Leave Act protections are meant to give workers the time they need to recover from serious health issues, bond with a new child, or care for a close family member — all without worrying about losing their job. But what happens when an employer doesn’t respect those boundaries? Can they legally ask you to work, interfering with your FMLA leave?

If you’ve found yourself being pressured to answer emails, sit in on meetings, handle “quick tasks”, or otherwise work during leave in NJ, you have legal options.

Understanding FMLA Basics

The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. This leave can be used for:

• A serious health condition that makes the employee unable to work
• Caring for a spouse, child, or parent with a serious health condition
• The birth of a child and bonding time afterward
• Adoption or foster placement of a child
• Certain circumstances related to a family member’s military service

To qualify for FMLA leave, you must have worked for your employer for at least 12 months, logged at least 1,250 hours over the past year, and your employer must have at least 50 employees within 75 miles.

During FMLA leave, your job is protected. Your employer must return you to the same job (or a nearly identical one) once your leave ends.

You’re not supposed to work during FMLA leave, and you can’t be forced to return early. You’re supposed to be recovering or caregiving. The point of the law is to give you that space.

Learn more: Can You Take FMLA Leave for Burnout in NJ?

Can My Employer Contact Me During FMLA Leave?

There’s a fine line between reasonable communication and unlawful pressure.

Under federal law, occasional and limited contact is allowed. For example, your employer may:

• Ask for a brief update on your return-to-work date
• Request clarification on a project or task you handled before leave
• Inform you of changes that may affect your job or department

But that’s about it. They cannot:

• Assign you new work
• Ask you to attend meetings
• Expect you to respond regularly to emails or calls
• Demand you complete reports or tasks

Even subtle pressure to “stay in the loop” or “help out a little” can be considered interference with your FMLA rights.

What New Jersey Law Says

In addition to the federal FMLA, New Jersey has its own law — the New Jersey Family Leave Act (NJFLA) — which provides similar leave protections in certain circumstances. NJFLA allows eligible employees to take up to 12 weeks of leave in a 24-month period to care for a family member or bond with a new child.

Though NJFLA doesn’t cover leave for your own illness (that’s FMLA’s domain), it reinforces the state’s strong stance on protecting employees who need time away for family reasons.

Just like under FMLA, NJ employers cannot  intimidate you, cut your hours, or pressure you to work while still on leave. Punishing you afterward may be considered unlawful retaliation after your FMLA leave. 

What If You’re Denied FMLA Altogether?

In some cases, employers take it a step further by ignoring valid requests (including denying FMLA leave for medical procedures like surgery), when they're short-staffed or question the legitimacy of the request.

If you’ve been denied FMLA leave in NJ, or approved leave was later interfered with, you may be able to:

• File a complaint with the U.S. Department of Labor
• Report retaliation to the New Jersey Division on Civil Rights

Your FMLA and NJFLA rights don’t disappear because your employer doesn’t want to comply.

Common Ways Employers Cross the Line

Unfortunately, not all violations look obvious on the surface. Even without outright denying your FMLA leave, employers may still cross legal lines in other ways.

Here are common scenarios that may violate your rights:

• “Can you hop on a quick Zoom?” – Even one meeting is too many during FMLA leave if it’s work-related.
• “You’re the only one who knows how to fix this.” – This kind of guilt-tripping may be unlawful pressure.
• “Just respond to emails when you can.” – That’s work, and it undermines the whole point of leave.
• “We’ll call you if anything urgent comes up.” – If that call turns into a task, that’s not okay.

These interactions can pile up and turn what should be a protected, healing period into an unpaid remote job.

Remote Work Has Complicated the Rules

Remote and hybrid work arrangements have blurred the line between time on and off the clock. Employers might not think twice before sending an email or pinging you on Slack — even while you’re out on FMLA leave.

But whether you’re on-site or working remotely, FMLA protections apply equally. Your employer doesn’t get to treat you like you’re “sort of working” because you have a laptop.

In fact, federal guidance has become stricter in recent years as more complaints come in from remote workers who are being contacted and expected to respond while on protected leave.

What to Do If You’re Being Pressured to Work on Leave

If you’re feeling the pressure, even if it’s subtle — don’t ignore it.

Here’s what you can do:

1. Document everything. Save emails, text messages, or call logs that show your employer contacted you during leave.
2. Politely push back. Let them know you’re on FMLA leave and unable to work until your return date.
3. Keep a journal. Write down any conversations or requests related to work during your leave.
4. Report the behavior. File a complaint with HR or your company’s compliance office.
5. Talk to an employment attorney. If the pressure continues, or if you’re retaliated against for asserting your rights, a talk with a qualified FMLA attorney in New Jersey can make a difference.

Even if you’ve already done some work during your leave, it’s not too late to seek advice and explore your options.

Potential Legal Claims

If your employer has violated your FMLA rights, you may be able to file a legal claim for:

• FMLA interference – for being pressured to work, asked to return early, or denied full use of your leave
• FMLA retaliation – for being demoted, written up, or fired after taking or requesting leave
• Wage and hour violations – if you worked during unpaid leave and were not compensated
• Emotional distress damages – in certain cases where employer conduct was egregious

Lawsuits can result in reinstatement, lost wages, liquidated damages, and more. But you’ll want to act quickly — strict filing deadlines apply under both state and federal law.

Protecting Your Time 

Family and medical leave is a lifeline — that time is legally yours, and you shouldn’t be expected to answer emails, attend meetings, or juggle projects while you’re supposed to be focused on healing or caregiving.

Unfortunately, this kind of employer overreach is more common than many realize. According to the U.S. Department of Labor, the most frequent FMLA violation in FY 2024 was denial of leave altogether. Not far behind is retaliation — including discrimination, demotions, and even terminations after protected leave is taken.

If your employer is crossing the line, ignoring your protected status, or treating you differently after your return, they could be violating the law — and you may be entitled to more than just an apology. 

Need Help Protecting Your Leave?

If you’re being pressured to work during FMLA leave, or if your rights have been violated, you don’t have to face it alone. An experienced FMLA lawyer in New Jersey can help employees push back against unlawful demands and protect their jobs, their pay, and their peace of mind.

Contact us today for a free consultation — and get the support you need to take action with confidence.