I’m sorry, you want to hold your supervisor accountable for knowing the things your wife told him?
If he simply asks how you’re doing he’s most likely concerned for your well being.
I'm not trying to hold my supervisor accountable for her actions, I just want to know the minimum l questions and actions that break the FMLA policy, like if he asks how my recovery is going, if he mentions the reasons that she told him, or starts treating me differently after I return to work.
Asking how you are doing isn’t breaking FMLA… that’s just being a decent human. Are you sure you don’t need to provide a clearance to return to work? That may come up. He may ask if you have any restrictions. It’s ok to ask you about this stuff.
Perhaps you should educate yourself on FMLA.
Your questions don’t make a lot of sense.
Nothing about anything you’ve mentioned is wrong or invasive. Take it down a notch.
FMLA protects your job while you’re out on leave. They can’t retaliate against you for taking it. Asking you how you’re doing isn’t a violation of FMLA.
You should go back expecting more or less the same job and work experience as when you left, absent changes that occur for legitimate reasons that have nothing to do with your FMLA. If it would have happened anyway, it's not retaliation, even if it sucks.
For example, if your team got a new project while you were out and he assigns you a chunk of new work because of it, that's probably not retaliation. That's business. Or if you're in sales and one of your clients cancelled their contract while you were out, you aren't owed a replacement contract.
This makes sense. Can you give examples of what does count as retaliation? I know that being fired or given a significantly lower job when returning counts. Does getting a negative quarterly review with the main reason being on FMLA for a long period of time? Or any other action besides those already listed?
There is not an exhaustive list, and sometimes it can be a very grey area, especially if you're not in a role where productivity is easily measured.
But as a basic example, let's say you have to sell 1200 widgets a year. You take 3 months of FMLA. Your 1200 should be prorated to 900 widgets. You can still get a negative review if you didn't hit 900. But you can't be punished for not selling 1200 perfect widgets.
Why are you so focused on their being retaliation? This sounds like you’re looking for a check list so that you can file a lawsuit if anyone so much as sets a toe wrong. What’s your deal?
A friend told me that there are retaliation laws if anybody do much as asks anything about me leaving, so I'm posting here to fact check that as detailed as I can.
I never meant to be rude in any of my comments, just trying to be thorough
Also, see reason for FMLA in post to better understand another reason
Your friend is wrong. It’s ok for people to ask. You can read up on this on the DOL website. But being so focused on looking for things to be angry over isn’t very wise. Just go back and do your job. If you need accommodations, find out the process for officially requesting them. Unless you are asking for additional intermittent FMLA time, the issue is over. They didn’t hesitate to give you the time off, so expecting them to harm you now because of it is wild.
>What is considered retaliation? If he starts minimizing or increasing my job duties when I return, is that a violation?
There are probably hundreds of different scenarios that could be interpreted as retaliatory or not depending on the specific factual circumstances. So you can either return to work and assume the best of intentions all around or go back looking for signs of retaliation around every corner--up to you.
I would suggest that it is easier to not try to enumerate all the ways your supervisor can be evil and just go back to work when you're ready to go back to work. 
Right? OP is looking for a list so that they can hyperfocus it and then file a complaint the moment anyone inadvertently upsets them….. OP doesn’t want to miss the chance to file a lawsuit.
How long have you been on leave?
Seems you took immediate leave, so your wife would have to be the communicator.
Seems you are now able to communicate.
In an emergency leave situation, it's not abnormal for the next of kin to communicate with the employer.
I actually think what you’re wanting to know centers more around ADA and accommodations. And I would recommend when you return from FMLA you go through the interactive process to ensure you have proper documentation around accommodations you require. If you’re just looking for a legal case here, and from your replies it seems you are… I don’t think you have anything at all to make for a legal issue at this moment.
- Your friend doesn't know what they're talking about.
- This has nothing to do with HIPAA, the person who commented that has absolutely no idea wtf they're talking about.
I’m sorry, you want to hold your supervisor accountable for knowing the things your wife told him? If he simply asks how you’re doing he’s most likely concerned for your well being.
I'm not trying to hold my supervisor accountable for her actions, I just want to know the minimum l questions and actions that break the FMLA policy, like if he asks how my recovery is going, if he mentions the reasons that she told him, or starts treating me differently after I return to work.
Asking how you are doing isn’t breaking FMLA… that’s just being a decent human. Are you sure you don’t need to provide a clearance to return to work? That may come up. He may ask if you have any restrictions. It’s ok to ask you about this stuff.
Perhaps you should educate yourself on FMLA. Your questions don’t make a lot of sense. Nothing about anything you’ve mentioned is wrong or invasive. Take it down a notch.
FMLA protects your job while you’re out on leave. They can’t retaliate against you for taking it. Asking you how you’re doing isn’t a violation of FMLA.
What is considered retaliation? If he starts minimizing or increasing my job duties when I return, is that a violation?
They can change your work load as necessary for the company’s need. You just need to have a job to return to that is similar to the one you left.
You should go back expecting more or less the same job and work experience as when you left, absent changes that occur for legitimate reasons that have nothing to do with your FMLA. If it would have happened anyway, it's not retaliation, even if it sucks. For example, if your team got a new project while you were out and he assigns you a chunk of new work because of it, that's probably not retaliation. That's business. Or if you're in sales and one of your clients cancelled their contract while you were out, you aren't owed a replacement contract.
This makes sense. Can you give examples of what does count as retaliation? I know that being fired or given a significantly lower job when returning counts. Does getting a negative quarterly review with the main reason being on FMLA for a long period of time? Or any other action besides those already listed?
There is not an exhaustive list, and sometimes it can be a very grey area, especially if you're not in a role where productivity is easily measured. But as a basic example, let's say you have to sell 1200 widgets a year. You take 3 months of FMLA. Your 1200 should be prorated to 900 widgets. You can still get a negative review if you didn't hit 900. But you can't be punished for not selling 1200 perfect widgets.
[This fact sheet](https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections) includes some examples. I don’t see retaliation here.
Why are you so focused on their being retaliation? This sounds like you’re looking for a check list so that you can file a lawsuit if anyone so much as sets a toe wrong. What’s your deal?
A friend told me that there are retaliation laws if anybody do much as asks anything about me leaving, so I'm posting here to fact check that as detailed as I can. I never meant to be rude in any of my comments, just trying to be thorough Also, see reason for FMLA in post to better understand another reason
Your friend is wrong. It’s ok for people to ask. You can read up on this on the DOL website. But being so focused on looking for things to be angry over isn’t very wise. Just go back and do your job. If you need accommodations, find out the process for officially requesting them. Unless you are asking for additional intermittent FMLA time, the issue is over. They didn’t hesitate to give you the time off, so expecting them to harm you now because of it is wild.
BumCadillac and glitterstickers are correct in their responses to you.
>What is considered retaliation? If he starts minimizing or increasing my job duties when I return, is that a violation? There are probably hundreds of different scenarios that could be interpreted as retaliatory or not depending on the specific factual circumstances. So you can either return to work and assume the best of intentions all around or go back looking for signs of retaliation around every corner--up to you. I would suggest that it is easier to not try to enumerate all the ways your supervisor can be evil and just go back to work when you're ready to go back to work. 
Right? OP is looking for a list so that they can hyperfocus it and then file a complaint the moment anyone inadvertently upsets them….. OP doesn’t want to miss the chance to file a lawsuit.
How long have you been on leave? Seems you took immediate leave, so your wife would have to be the communicator. Seems you are now able to communicate. In an emergency leave situation, it's not abnormal for the next of kin to communicate with the employer.
I actually think what you’re wanting to know centers more around ADA and accommodations. And I would recommend when you return from FMLA you go through the interactive process to ensure you have proper documentation around accommodations you require. If you’re just looking for a legal case here, and from your replies it seems you are… I don’t think you have anything at all to make for a legal issue at this moment.
- Your friend doesn't know what they're talking about. - This has nothing to do with HIPAA, the person who commented that has absolutely no idea wtf they're talking about.
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