Can You Take FMLA for Two Jobs?
Can you take FMLA from one job and work another? This is a common question that many employees have when it comes to their job and leave.
While the FMLA does not prohibit an employee from working a second job while on leave, there are certain regulations that should be followed to avoid any issues. Let’s take a closer look at the rules surrounding FMLA and moonlighting.
Are you confused about whether you can take FMLA from one job and work another? Check out this Youtube video that will provide you with an in-depth explanation of FMLA and how it relates to multiple jobs.
Gain valuable insight into how the Family Medical Leave Act works and understand your rights as an employee. Don’t miss out on this informative video!
What is FMLA and How Does it Work?
Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of job-protected unpaid leave annually. This leave allows the employee to attend to their own serious health condition, care for a family member with a serious health condition, or care for a newborn, adopted or foster child.
Employees are also able to take FMLA leave for qualifying exigencies related to military service or to care for a family member who suffered a serious injury or illness in the line of military duty.
Employees who are eligible for FMLA leave must have worked for the employer for at least 12 months and for at least 1,250 hours over the previous 12 months. The employer must have at least 50 employees within a 75-mile radius of the employee’s worksite.
FMLA leave can be taken all at once, intermittently or on a reduced leave schedule. Intermittent leave is taken in separate blocks of time due to a single qualifying reason.
Reduced leave schedule reduces the employee’s usual work hours per workweek or workday.
Can You Take FMLA from One Job and Work Another?
The FMLA does not prohibit an employee from working another job while on FMLA leave. However, 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 the employer has a policy that prohibits outside employment or requires permission before accepting additional work, this policy would still apply to the employee on FMLA leave. It is important to check with the employer regarding their policy before accepting additional work while on FMLA leave.
What are FMLA-Qualifying Conditions?
FMLA leave can be taken for the following qualifying reasons:
- An employee’s serious health condition.
- The birth, adoption, or foster care placement of a child.
- To care for a spouse, child or parent with a serious health condition.
- A qualifying exigency arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty in support of a contingency operation.
- To care for a covered service member with a serious injury or illness or a family member who is a veteran with a serious injury or illness.
How to Apply for FMLA?
Employees who wish to take FMLA leave should notify their employer as soon as possible. The employer may require that the employee complete a request for FMLA leave form and provide medical certification.
The employer has the right to provide a list of health care providers and require the employee to obtain certification from the identified provider. The employee must provide such certification to the employer before taking FMLA leave.
Employers have five business days to notify employees whether they are eligible for FMLA leave. If the employee is eligible, the employer must notify the employee of their rights and responsibilities under the FMLA.
Duration of FMLA Leave Allowed
FMLA provides eligible employees with up to 12 workweeks of unpaid leave within a 12-month period. If the employee takes the leave on an intermittent or reduced leave schedule, it will count towards the 12-week limit.
However, the employee may be eligible for additional leave under the Americans with Disabilities Act (ADA) or under state laws. In such case, the employer may need to provide additional leave as a reasonable accommodation.
Can You Take FMLA for Two Jobs?
Employees who are covered under the Family and Medical Leave Act (FMLA) are eligible for job-protected unpaid leave for certain medical, new-child bonding, or military-related reasons. While an employee is on FMLA leave, they have the right to return to the same job or an equivalent job when they return to work.
However, the FMLA does not prohibit an employee from working another job while on FMLA leave. According to FMLA regulation 825.216(e), 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.
So, if the employer has a policy that prohibits outside employment, the employee will not be able to work another job while on FMLA leave. On the other hand, if there is no policy or if the policy allows outside employment, the employee may work another job while on FMLA leave.
Legal Considerations: Working a Second Job While on FMLA Leave
Can an employee work another job while on FMLA leave? The answer is yes, the FMLA does not prohibit an employee from working a second job while on FMLA leave.
However, it is important for both employer and employee to consider the legal implications and potential consequences.
Employer’s limitations regarding an employee’s FMLA leave
While an employee is on FMLA leave, the employer must maintain the employee’s group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
However, an employer may have limitations on outside or supplemental employment for their employees, which may continue to apply while on FMLA leave as stated in FMLA regulation 825.216(e).
It is the employer’s responsibility to communicate their policies regarding outside or supplemental employment to their employees and ensure that they are uniformly applied.
Legal implications of working a second job while on FMLA leave
Working a second job while on FMLA leave may raise concerns about the employee’s need for leave and their medical condition.
Additionally, if the second job’s duties are outside the employee’s medical capabilities, that may lead to questions about the validity of their need for FMLA leave.
What are the potential consequences?
If the employer allows the employee to work a second job while on FMLA leave and it is later discovered that the employee is not actually in need of FMLA leave, it could result in legal action and potential damages.
Similarly, if the employer does not allow the employee to work a second job and it is later found that they were within their rights to do so, the employer may face legal consequences.
It is essential for both employer and employee to communicate and understand their rights and responsibilities regarding outside or supplemental employment while on FMLA leave.
FMLA for a Second Job: How to Get the Right Documents and Notification
What documents do you need from the primary employer?
When considering taking on a second job while on FMLA leave, it is important to check with your primary employer to see what documents and approvals may be necessary. Typically, you will need to provide documentation to support any requests for additional leave or accommodations due to a medical condition.
In some cases, you may need to provide documentation that shows the second job is not conflicting with your medical condition or your ability to perform your primary job duties.
What to notify to the primary employer regarding the second job?
Although employees are generally allowed to work another job while on FMLA leave, it is important to follow your employer’s policies and provide any required notifications. In some cases, employers may require employees to disclose any additional employment or to obtain approval before working a second job.
If you are unsure what notifications are required or whether working a second job is allowed under your employer’s policies, it is important to seek clarification before starting the second job.
Consequences of not informing an employer about a second job
Failing to follow your employer’s policies or obtain required approvals before taking on a second job while on FMLA leave can lead to consequences such as being subject to disciplinary action, losing job protection under the FMLA, or even losing your primary job altogether. To avoid these consequences, it is important to fully understand your employer’s policies and follow all required procedures.
What Happens if I am Injured While Working My Second Job During FMLA Leave?
If you are injured while working your second job during FMLA leave, you may be entitled to workers’ compensation benefits from that employer. However, you still must fulfill all necessary reporting and approval requirements with your primary employer for the FMLA leave.
You must also notify your second employer of the work-related injury and file a workers’ compensation claim with them.
If your injury makes it impossible to return to work during your FMLA leave, you may be able to extend your FMLA leave or apply for short-term or long-term disability benefits. This will depend on your specific circumstances and the policies of your employer and disability insurance provider.
Workers’ compensation benefits typically cover medical expenses, lost wages, and disability compensation. However, the specifics of your coverage will depend on your employer’s insurance policy and the laws in your state.
The Benefits and Risks of Working on the Side While on FMLA
Can you take FMLA from one job and work another? The short answer is yes, it is possible.
The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for qualifying medical or family reasons. It does not prohibit an employee from working another job while on FMLA leave.
However, there are both benefits and risks to consider.
Pros of working while on leave
Working while on FMLA leave can provide financial relief for employees who may not receive full pay during their absence from their primary job. By working another job, they can supplement their income and maintain financial stability.
Additionally, working can keep employees engaged and provide a sense of purpose during an otherwise difficult time. This is particularly true if the secondary job is fulfilling and enjoyable.
Cons of working while on leave
While working on the side can be financially beneficial, it can also present risks. For example, working another job could interfere with an employee’s ability to fully recover from their medical condition or spend time with their family.
Additionally, depending on the job and its requirements, the employee may not be able to perform their primary job’s duties, which could lead to additional complications.
How to balance the benefits and risks of working on the side while on FMLA leave
If you are considering working on the side while on FMLA leave, it is important to assess the benefits and risks carefully. Consider how the secondary job will impact your ability to rest, recover, and spend time with family.
Additionally, review your primary employer’s policies regarding outside or supplemental employment. If there is a uniformly-applied policy governing these types of jobs, it may continue to apply while on FMLA leave.
Finally, seek guidance from your healthcare provider to determine whether working another job is within your medical capabilities.
Frequently Asked Questions About Taking FMLA for Two Jobs
Can you work another job while on FMLA leave?
Can an employer's policy on outside employment apply while on FMLA leave?
Can FMLA leave be rescinded if an employee works a second job within their medical capabilities?
Is permission needed for a more junior employee to undertake secondary employment?
How can the Workers' Compensation Coverage Inquiry website be used?
In summary, an employee may work another job while on FMLA leave. However, if the employer has a policy on outside or supplemental employment, it may still apply to the employee during the FMLA leave.
It is important to check with the employer’s policy and to be transparent about any secondary employment. FMLA provides job-protected unpaid leave for qualifying medical, new-child bonding, or military-related reasons.
The contract may also have restrictions on secondary employment for junior employees. In cases of workers’ compensation, the WCIRB provides a free service to identify the insurer of an employer’s workers’ compensation insurance policy in California.
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- FMLA Employee Guide – US Department of Labor
- FMLA Regulation 825.216 – Federal Register
- FMLA Employment Policy and Control of Secondary Employment while on FMLA Leave – SHRM
- California Workers’ Compensation Coverage Inquiry Website – WCIRB
- Focus Keyword Explained – Yoast
- How to Use Text Links Effectively – WebSight Design