Can an Employee Work for Another Employer While on FMLA?
The Family and Medical Leave Act (FMLA) is designed to provide eligible employees with job-protected, unpaid leave for specific family and medical reasons. A common question among employers and employees is whether an individual on FMLA leave can work for another employer during their leave period. The answer is not always straightforward and depends on several factors, including company policies, the nature of the leave, and potential conflicts of interest.
Key Considerations for Working While on FMLA
- Reason for the FMLA Leave
- Company Policies on Outside Employment
- Conflict of Interest
- Job Duties at the Secondary Employment
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What Employers Should Do
To navigate this issue effectively, employers should:
- Review Company Policies: Ensure that policies addressing outside employment are clear, consistent, and compliant with FMLA.
- Communicate Expectations: Discuss expectations regarding outside work during the leave approval process to avoid misunderstandings.
- Investigate Carefully: If there’s suspicion of misuse, employers should conduct a thorough, objective investigation. Employers cannot retaliate against employees for taking FMLA but can address policy violations unrelated to their leave.
- Document Consistently: Maintain records of policies, communications, and any concerns to protect against potential disputes.
Final Thoughts
While FMLA does not explicitly prohibit working for another employer during leave, the situation must be assessed based on the reason for the leave, company policies, and potential conflicts of interest. Employers should tread carefully, ensuring compliance with FMLA while addressing any legitimate concerns about policy violations.
Key Takeaways:
- Employees on FMLA leave for medical reasons should ensure any secondary employment does not contradict their inability to work.
- Employers must have clear policies and enforce them consistently.
- Both parties should prioritize transparent communication to prevent issues.
Navigating FMLA can be complex, but with clear policies and open dialogue, employers and employees can address these challenges effectively.
Elga Lejarza
Founder/CEO
Lejarza HR Consulting
