Question: An employee took two weeks of leave under the Family and Medical Leave Act (FMLA) to care for his spouse and bond with their new baby, and is now requesting three additional weeks for baby bonding. Does he need to complete a periodic report regarding his return status or supply a return-to-work notice?
Answer: If the employer and employee agree on the leave dates, it may not be necessary to get a periodic update after the second week since the leave is limited to three weeks. However, an employer may require an employee on Family and Medical Leave Act (FMLA) leave to report periodically on the employee’s status and intent to return to work. The employer’s policy regarding such reports may not be discriminatory and must take into account all of the relevant facts and circumstances related to the individual employee’s leave situation. Additionally, when a leave is taken for the purposes of baby bonding, the employee would not need to provide any medical certification to return to work.
The following forms are available from the Department of Labor and may be used for approving and communicating the leave: