Staying in Touch (or Not) During Leave

Part of the Learning Center · included with every paid plan

Parental leave is supposed to be leave. But for many families, the line between "staying connected" and "doing unpaid work" blurs within the first week. A quick question in a group chat becomes a request for a file, then a call about a client, then a pattern that looks less like courtesy and more like a shift. Federal law does not ban all employer contact during FMLA leave. It does, however, draw a line between contact that is permissible and contact that crosses into interference with a protected right. Understanding where that line sits, before the leave starts, is the difference between a leave that functions as leave and one that does not.

What this guide covers

· The legal landscape: what FMLA actually says about contact
· The line: permissible contact versus interference
· Designing a check-in protocol
· Voluntary updates versus required work
· What FMLA protects when leave ends
· Benefits during leave: what continues and what requires action
· Documenting contact: the file that matters
· Filing windows and enforcement paths
· State leave programs: separate rules, similar protections
· The pre-leave conversation
· Where the plan comes in

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Sources this guide is verified against

U.S. Department of Labor, Family and Medical Leave Act: https://www.dol.gov/agencies/whd/fmla
29 U.S.C. 2615, Prohibited acts (FMLA interference and retaliation): https://www.law.cornell.edu/uscode/text/29/2615
29 U.S.C. 2617, Enforcement (statute of limitations and remedies): https://www.law.cornell.edu/uscode/text/29/2617
29 CFR 825.220, Protection for employees who request leave or otherwise assert FMLA rights: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.220
29 CFR 825.209, Maintenance of employee benefits: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.209
29 CFR 825.214, Employee right to reinstatement: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.214
29 CFR 825.215, Equivalent position: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.215
29 CFR 825.217, Key employee, general rule: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.217
U.S. Department of Labor, Fact Sheet #28A, Employee Protections under the FMLA: https://www.dol.gov/agencies/whd/fact-sheets/28a-fmla-employee-protections
U.S. Department of Labor, Fact Sheet #77B, Protection for Individuals under the FMLA: https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections
U.S. Department of Labor, How to File a Complaint: https://www.dol.gov/agencies/whd/contact/complaints
U.S. Department of Labor, State Paid Family and Medical Leave Laws: https://www.dol.gov/agencies/wb/paid-leave/State-Paid-Family-Medical-Leave-Laws
EEOC, Time Limits for Filing a Charge: https://www.eeoc.gov/time-limits-filing-charge
EEOC, Pregnancy Discrimination: https://www.eeoc.gov/pregnancy-discrimination

Every figure checked against official sources; last reviewed August 2026. Mothers Plan provides information and organization, not legal, tax, financial, or medical advice.