Can an exempt employee who is out on FMLA voluntarily work from home?
Answer
The FMLA does not provide for work accommodations other than time off in full blocks or intermittent leave. The ADA, on the other hand, could be the avenue for a work-from-home arrangement if the employee has a disability and needs a reasonable accommodation that would be working from home. These are highly technical and complicated legal issue best left to a professional. You would be best served by contacting a qualified FMLA/ADA attorney.
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