Can You Work a Second Job While on FMLA Leave in 2023?
Can you work a second job while on FMLA? This is a common question for employees who need to take time off for their own medical condition or to care for a family member.
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year, which means they can take time off from their job without the fear of losing their employment. However, the question remains – can employees work a second job while on FMLA?
Let’s take a closer look at the FMLA policies and regulations surrounding second jobs.
Check out this Youtube video for practical tips on effectively managing difficult FMLA and ADA issues. Gain insight on whether it’s possible to work a second job while on FMLA and learn how to navigate complex employment problems with experienced workers’ compensation lawyers.
Understanding FMLA Leave
FMLA or Family and Medical Leave Act offers eligible employees up to twelve (12) weeks of job-protected leave every year, while still receiving their group health benefits.
In order to be considered eligible, employees must have worked for their employer for at least a year before requesting leave. Additionally, they must have logged, at minimum, 1,250 working hours over the past 12 months.
And, the firm must have 50 or more employees within a 75-mile radius of the worksite.
The act is aimed at being able to take care of themselves or their family members, should they have a serious health condition, or that of a newborn or newly adopted/foster child, or even to deal with matters related to military service.
Employees can request intermittent leave or a reduced schedule under certain conditions, with substantial medical or family reasons. Employers are required to provide the same or similar job titles, with an equivalent salary and benefits package to the returning employee once their leave ends.
Can You Work a Second Job While on FMLA?
Many employees might consider taking up a second job while on FMLA leave to supplement their income. The question arises whether an employee can work a second job while on FMLA leave?
The Department of Labor (DOL) has stated that an employee can work at another job while being on FMLA leave, but there can be exceptions. 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.
Therefore, if the employee’s current employment prohibits working another job, they will have to abide by it even while on leave.
Impact of Employer Policies on Working a Second Job while on FMLA
An Employee’s decision to work a second job while on FMLA leave can be impacted by their employer’s policies about outside or supplemental employment. If their employer’s policies prohibit them from accepting another job or limit the circumstances under which they can do so, the employee may have to comply with their employer’s policies even while they are on FMLA leave.
Employee Options for Working a Second Job while on FMLA
If an employer does not have any policies that prohibit or limit outside employment, the employee is free to look for and accept another job. However, it is essential for the employee to clarify that their second job schedules do not interfere with any medical appointments or care arrangements related to their FMLA leave.
The employee must also remember that they should have a genuine medical need for taking FMLA leave, and they must be made aware that the FMLA regulations will continue to govern their job status with their original employer until their FMLA leave ends.
Employer Policies Against Moonlighting
Some employers have policies in place that prohibit their employees from working a second job, also known as moonlighting, while they are still employed with the company. In some cases, this policy may extend to employees who are on FMLA leave as well.
Employers may view moonlighting as a conflict of interest or a potential violation of the company’s confidentiality policies.
If your employer has a policy against moonlighting, it is important to understand the terms and conditions of the policy before you take on a second job. Even if you are on FMLA leave, you may still be subject to the terms and conditions of this policy.
If you violate the policy, you may face disciplinary action or even termination from your job.
Navigating Employer Policies While Taking FMLA Leave
It is possible to navigate employer policies regarding moonlighting while still taking FMLA leave. One option is to request a waiver from your employer’s policy if it conflicts with your FMLA rights.
You can request this waiver by contacting your human resources department and explaining the situation.
If you are able to receive a waiver, it will be important to ensure that your second job does not interfere with your ability to take FMLA leave. The purpose of FMLA leave is to allow you to take time off to address your own health needs or those of a family member.
If your second job is causing you to miss time from work, it could jeopardize your FMLA leave.
Another option is to find a second job that is flexible enough to work around your FMLA leave schedule. For example, you may be able to find a job that allows you to work from home or on a part-time basis.
This can help ensure that your second job does not interfere with your FMLA leave.
Employer Retaliation and Legal Rights
Employees who take FMLA leave and work a second job face a risk of retaliation from their employer. Retaliation may take the form of discipline, demotion, or even termination.
This puts employees in a vulnerable and potentially dangerous situation, as they may fear losing their job or facing other consequences if they exercise their legal rights.
It’s important to note that the FMLA protects employees from retaliation for exercising their legal rights. Any attempt by an employer to punish an employee for taking leave or working a second job while on leave is illegal and can result in legal action.
Employees who believe they are being retaliated against should take the following steps:
- Document any incidents of retaliation, including dates, times, and details of what happened.
- Report the retaliation to the human resources department or another appropriate authority in the workplace.
- File a complaint with the Department of Labor’s Wage and Hour Division, which is responsible for enforcing the FMLA.
- Seek legal counsel to discuss their options and possible legal remedies.
It’s also important for employees to understand that they have legal rights under the FMLA. For example, they have the right to take up to 12 weeks of unpaid, job-protected leave per year for any of the following reasons:
- To care for their own serious health condition
- To care for a family member with a serious health condition
- To bond with a newborn or newly-adopted child
- To care for a spouse, child, or parent who is a covered military member with a serious injury or illness
Employees also have the right to have their group health insurance benefits maintained during their leave. Employers cannot deny these benefits or require employees to pay a higher premium while on leave.
Overall, it’s important for employees to understand their legal rights under the FMLA and to take action if they believe their rights have been violated. By doing so, they can protect themselves against retaliation and ensure that they are treated fairly and lawfully in the workplace.
FAQs About Working a Second Job on FMLA
Can I be fired for working a second job while on FMLA?
Will my FMLA leave benefits be affected if I work a second job?
How do I disclose my second job to my employer while on FMLA leave?
What are my legal rights to work a second job while on FMLA leave?
Strategies for Balancing Work and Health
Can you work a second job while on FMLA? The answer is not a straightforward one.
The FMLA does not prohibit an employee from working a second job while on leave. However, an employer may have policies in place that prohibit outside employment or require permission for outside employment.
If you are considering a second job during your FMLA leave, it is important to first check with your employer to understand any policies or restrictions they may have. You should also review your leave agreement to ensure that you are complying with all requirements and restrictions.
Additionally, it is important to consider your own health and well-being while balancing work and a second job. Taking FMLA leave is a sign that you need time to take care of yourself, so it is important to prioritize your own well-being and not overburden yourself with additional work.
Here are some tips for managing a second job while taking FMLA leave:
1. Be Honest with Your Employer
It is important to be upfront and honest with your employer about your need for a second job. You should explain why you need the additional income and how you intend to balance both jobs while still meeting your responsibilities under the FMLA leave agreement.
2. Assess Your Availability and Schedule
Before taking on a second job, you should evaluate your availability and schedule to ensure that you are able to manage both positions. Make sure that you have enough time to rest and take care of yourself, as well as attend any necessary medical appointments or treatments.
3. Look for Flexible and Part-time Jobs
Consider looking for part-time or flexible jobs that allow you to work on your own schedule or on a part-time basis. This can help you balance both jobs without overworking yourself or sacrificing your own health.
4. Communicate with Both Employers
It is important to keep both employers informed about your work schedule and availability. Make sure that you are transparent and clear about your availability and schedule for both jobs so that there are no misunderstandings or conflicts.
5. Prioritize Your Health and Well-being
Remember to prioritize your own health and well-being when balancing work and a second job. Make sure that you are not overworking yourself or taking on too much, as this can lead to burnout and negatively impact your health.
Conclusion
It is possible to work a second job while on FMLA leave, but the employer’s policy should be assessed for any prohibition. Employees must provide their employer with a job description of their second job if asked.
The FMLA prohibits retaliation and ensures that the employee’s group health benefits be maintained during the leave.
