Legal Question in Medical Leave in Maryland

Can I call a friend/employee

I called a friend/co-worker(once)to see when he would be returning to work after his operation because I could not take a vacation until he returned(we are in the same dept).I am not management.Some how my HR manager found out and berated me for doing so because my FRIEND could say he was being harassed by his employer.Is this true? Thank you.


Asked on 3/30/04, 5:08 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can I call a friend/employee

Frankly your HR appears to not know what it is doing. They

have an obligation to you to find out about the health of the individual as this

directly impacts your ability to take a vacation, which you may need to plan. The FMLA does

not prohibit HR from inquiring as to overall matters such as when the individual will be returning to work.

Their inquiry is not permitted insofar as it gets into personal medical matters. You should not need to contact the individual

as HR should have done this. If anyone is being berated, it is you. Simply tell them that you would like to schedule vacation and the

obvious matters will present themselves for HR to work out. You should know that Maryland's law is "at-will" employment and without a contract, or other

relationship, you can be let go. So do not become overly forceful with your vacation issue but clearly this is the time of year that people make vacation plans and rooms need to be rented, plane tickets purchased, etc.

Read more
Answered on 3/30/04, 11:11 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Maryland