Can You Begin a New Job While on Leave? 2023 Guide
Is it possible to commence a new job while on leave?
Technically, yes, you can start a new job while on leave. However, it’s important to consider the terms of your leave and talk to your employer before accepting a new job offer.
If you’re on maternity or paternity leave, for example, you may be required to return to work for a certain amount of time before resigning. Additionally, if you’re on a medical leave or disability, starting a new job may affect your eligibility for benefits or accommodations.
Things to Consider Before Starting a New Job While on Leave
Before accepting a new job offer while on leave, consider the following:
- Your current leave terms: Check with your employer to see what your current leave terms are and if starting a new job would affect them.
- Your eligibility for benefits: Starting a new job may affect your eligibility for benefits such as disability or medical leave.
- Your readiness to return:
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Understanding Your Leave
What is a leave of absence?
A leave of absence (LOA) is a request made by an employee to take time away from work. It can be mandatory, governed by federal and state laws or voluntary, governed by a company’s internal policies.
LOAs can be paid or unpaid, and they can be requested for a variety of reasons including personal or family illness, mental health issues, and other personal matters or emergencies. It is essential for employees to understand their employer’s policies regarding LOAs.
Types of leave
There are different types of leave, including the Family and Medical Leave Act (FMLA), maternity/paternity leave, and personal leave. FMLA grants employees up to 12 weeks of unpaid leave per year for medical or family reasons, and the employee’s job is protected.
Maternity and paternity leave can include paid or unpaid time off to care for a new child or bond with a new addition to the family. Personal leave allows employees to take time off for personal reasons such as marriage, education, or bereavement.
It is important to note that certain types of leave can affect an employee’s ability to start a new job while on leave.
Is it possible to commence a new job while on leave?
What the law says
Under the Family and Medical Leave Act (FMLA), an eligible employee can take up to 12 weeks of unpaid leave in a 12-month period for a qualifying event like a serious health condition or to care for a family member. While you’re on FMLA leave, getting another job is not illegal, but it is important to know that FMLA leave cannot be used to work for another employer.
FMLA doesn’t provide job protection for employees who engage in inappropriate activities while on leave, including working for another employer.
Company policies
While the law allows someone to start a new job while on leave, it’s important to check with your company’s policy to avoid any legal or disciplinary issues. Some employers allow employees to work for another company while on leave, though such permission is rare.
An employee’s decision to work may have an impact on their leave rights or benefits. It’s best to discuss working while on leave with your HR department or supervisor to avoid any conflict with company policies.
Scenario 1: Pre-Planned Vacation
Informing your new employer
If you are starting a new job and have a pre-planned vacation, it is best to inform your new employer as soon as possible. You can inform them during the interview process or as soon as you receive a job offer.
Be clear about the dates you will be taking off and how long your vacation will be. It is also important to discuss how you can ensure a smooth onboarding process and delegate tasks to your team before you leave.
Planning and delegating tasks
Before leaving for your vacation, it is important to plan and delegate tasks to ensure that everything runs smoothly while you are away. Make a list of tasks that need to be completed before you leave and assign them to members of your team.
Ensure that everyone is clear about their roles and responsibilities while you are away. Have a contingency plan in case any issues arise while you are on vacation.
Returning to work
When you return to work after your vacation, it is important to hit the ground running. Catch up on any missed emails and tasks as soon as possible.
Schedule a meeting with your team to discuss any updates or changes that occurred while you were away. Ensure that you are up to date on any new developments in the company and know what is expected of you moving forward.
Scenario 2: No Pre-Planned Vacation
Understanding company policies
Before starting a new job, it’s essential to research your prospective employer’s leave of absence policies. Look for flexibility around leaves of absence and check if there are any paid or unpaid leaves that may apply to you.
Most companies have their policies in the employee handbook, you can ask questions and take notes while reading the document. Keep in mind that some companies may only share their policies during employee onboarding, so you may not be able to review them until after you gain employment.
Observing others
Observation is one of the easiest ways to learn how to handle leaves of absence and a new job. Keep an eye on how your coworkers handle these situations.
You may learn tips and tricks that could help you on your journey. You can also ask them for advice on how to communicate your upcoming leave with your employer.
Building rapport with your new team
Building rapport with your new team can be challenging, especially if you’re starting a new job while on leave. Establishing trust and a good relationship with your boss and colleagues is vital in any workplace.
You can attend team-building activities to bond with your coworkers and get to know them better. Always communicate promptly and professionally, and be prepared to prove your credibility when you return to work.
Communicating your leave
Timing is critical when communicating your leave of absence to your new employer. Let your boss know as soon as possible, preferably in the first week of employment.
You can also inform them when you’re likely to take time off, how long your break will be, and what you can do to ensure smooth onboarding. If you cannot plan ahead, be honest and forthcoming about your situation.
Always communicate professionally and clearly, and be prepared to answer any questions your employer may have.
Scenario 3: “Always On” Culture
Understanding the culture
Modern technology allows employees to be constantly connected, and as a result, some companies have developed an “always-on” culture. This culture fosters the expectation that employees are available around the clock and that they should respond to emails, texts, and phone calls no matter the time of day.
Spotting the signs of an always-on culture is critical to determine if the work culture will be a fit for you. Signs of an always-on culture include minimal work breaks, frequent communication outside of normal work hours, no clear working hours, and no clear email policy.
Setting boundaries
If you find yourself in an always-on culture and feel like your work-life balance is suffering, it’s essential to set boundaries. One way to do this is by establishing clear working hours and commit to not responding to emails or calls outside of those hours.
Another way is by taking regular breaks throughout the workday to recharge and refresh your mind. Start by blocking out time on your calendar for breaks, so colleagues know not to schedule meetings during those periods.
It’s also crucial to communicate these boundaries with colleagues and managers to ensure everyone is aware of them and respects them.
Communicating with your employer
If you’re considering starting a new job while on leave, be sure to communicate with your employer about your intent. Discuss the specifics of your leave with your employer, such as how long you plan to take off and when you intend to return to work.
If you find another job during your leave, notify your employer as soon as possible and be transparent about your plans. Remember that the better you communicate, the more likely you’ll get support from your employer.
Frequently Asked Questions
Can my employer terminate my employment if I start a new job while on leave?
Can I receive workers' compensation while starting a new job?
Can You Start a New Job While on Leave?
Starting a new job while on leave can be a complex decision, with potential financial and work-life balance implications. Before making such a decision, it is important to weigh the pros and cons and seek advice where available.
Understanding Employer Policies
Before considering starting a new job while on leave, it is important to check your employer’s policies regarding leave and returning to work. Depending on the policies and regulations that apply, you may need to address minimum notice periods or seek permission from your employer.
Effective Communication
Communication can play a critical role in successfully starting a new job while on leave. Once you have decided to make the transition, consider sharing the decision with your current employer, expressing gratitude for the time off and an eagerness to return to work when the leave ends.
For the new employer, communicate transparently about the leave and any flexibility or limitations it may entail in the short-term.
Setting Boundaries
Managing expectations and setting boundaries with both your current and new employer can help ensure a smoother transition.
