Can You Take Another Job While on Leave of Absence?
Can I Take Another Job While On Leave Of Absence?
Employees who are on leave of absence may want to take on another job to supplement their income or fill their time. However, before doing so, it is important to consider the rules and regulations surrounding this issue.
Regulations Surrounding Working Another Job While On FMLA Leave
The Family and Medical Leave Act (FMLA) does not prohibit an employee from working another job while on FMLA leave. However, it is important to note that FMLA regulation 825.216(e) states: “If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave.”
This means that if an employer has a policy in place that prohibits employees from working another job while on leave of absence, this policy may continue to apply to an employee on FMLA leave.
Risks Of Working Another Job While On Leave Of Absence
While it may be tempting to take on another job while on leave of absence, there are some risks to consider.
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Discover the answer to the frequently asked question: “Can I take another job while on leave of absence?”
Can I Take Another Job While on Leave of Absence?
It depends on the employer’s policies. The FMLA does not have any prohibitions against an employee taking another job while on FMLA leave.
However, if the employer has a policy in place that restricts or prohibits outside employment, that policy may continue to apply during the employee’s FMLA leave.
It is important for employees to review their employer’s policies before considering taking on another job while on leave. Violating the employer’s policy could result in disciplinary action or even termination.
It is also important to consider the reason for taking on another job. If the employee’s leave is due to a serious medical condition, taking on an additional job could negatively impact their recovery and prolong the length of their leave.
Additionally, employees should be aware that taking on another job while on FMLA leave may affect their eligibility for certain benefits, such as short-term disability or workers’ compensation.
Overall, employees who are considering taking on another job while on FMLA leave should carefully weigh the potential consequences and consult with their employer and healthcare provider before making a decision.
Employer Policies and FMLA Regulations
It is important for employees to be aware of their employer’s policies and FMLA regulations before taking on another job while on leave of absence. The FMLA does not prohibit the employee from taking another job while on FMLA leave, but there are some restrictions on this matter.
According to FMLA regulation 825.216(e), if the employer has a uniformly-applied policy that governs outside employment, such policy may continue to apply to an employee while on FMLA leave.
Employers may also require employees to get approval before taking on another job. It is important for the employee to check their employer’s policies on this matter to avoid any violations of policies and regulations.
Violating these policies may result in termination and loss of benefits.
Financial Implications of Taking Another Job
Employees who are considering taking another job while on leave of absence should be aware of the financial implications. Depending on the type of leave, the employee may be entitled to paid or unpaid leave, and taking on another job may impact the amount of leave they are entitled to.
For example, if an employee takes on a part-time job while on leave, they may only be eligible for partial leave benefits instead of the full amount. In addition, taking on another job while on leave may result in a reduction in benefits or an increase in insurance premiums, which can impact the employee’s financial situation.
Impact on Workers’ Compensation Claims
Employees who are on leave of absence due to a work-related injury may have workers’ compensation claims. Taking on another job while on leave of absence may impact the workers’ compensation claim, especially if the injury is aggravated or re-injured while working the second job.
Additionally, if the injury from the second job is more severe than the original work-related injury, the workers’ compensation claim may be denied. Employees should consult with a workers’ compensation lawyer before taking on another job while on leave of absence.
It is important for employees to be cautious when seeking another job while on leave of absence. While FMLA does not prohibit an employee from working another job, it may still affect their workers’ compensation claim if they get injured again.
If an employee’s injury is aggravated or worsened while working the second job, it may impact their previous workers’ compensation claim. Furthermore, if the injury from the second job is more severe than the original injury, the workers’ compensation claim may be denied.
Therefore, it is crucial for employees to seek legal advice before taking another job while on leave of absence, especially if they have a pending workers’ compensation claim. Seeking advice from qualified workers’ compensation lawyers can help employees understand their rights and guide them in making informed decisions.
It is also important to note that workers’ compensation laws may vary from state to state, so legal advice should be sought in the state where the injury occurred.
Frequently Asked Questions
Can my employer fire me if I take on another job while on leave of absence?
Can I take on a part-time job while on leave of absence?
Conclusion
Employees who are considering taking on another job while on leave of absence should understand their employer’s policies and FMLA regulations.
