If You’re on FMLA, Can You Work Another Job?
Have you ever wondered whether you can take on another job while on FMLA? The Family and Medical Leave Act provides eligible employees the right to take unpaid leave for certain family and medical reasons without the fear of losing their job or health insurance coverage during the absence.
But, does this mean that you are prohibited from working a second job while on FMLA? Let’s find out!
Check out this informative Youtube video titled “What Employees Can and Cannot Do During FMLA Leave”. It’s a must-watch for anyone on FMLA leave who is considering working another job to make ends meet.
Don’t miss out on important information that could affect your finances and employment status.
Can You Work Another Job While on FMLA Leave?
The answer is yes, there are no specific provisions that prohibit an employee from working another job while on unpaid leave under FMLA. However, employees must take note of the regulations that govern outside or supplemental employment as per FMLA.
Uniformly-Applied Policy on Outside or Supplemental Employment
If employers have a uniformly-applied policy governing outside or supplemental employment, it may still apply to an employee on FMLA leave. This means that if the employee has a part-time job or a gig while on FMLA leave, their employer may question them about it and have the right to do so.
Their employer may also require that the employee provide documentation proving that the outside employment is not interfering with their ability to perform the essential functions of their job position or is related to their medical condition that prompted them to take FMLA leave.
Prohibitions on Working During FMLA Leave
While FMLA does not specifically prohibit an employee from working at another job, there are certain situations where it may be prohibited. For instance, employees taking intermittent leave may not work any other job while on leave.
This is because the employee must be completely relieved of all work responsibilities during the leave duration. If the employee works while on intermittent leave, it could imply that the leave is not mandatory and is being taken only as a choice, invalidating their right to protected leave under FMLA.
Healthcare providers may also restrict outside employment if they deem it a health risk for the employee. This could be due to the medical condition prompting FMLA leave, which may require strict rest and limitation of activities.
Working Another Job While Collecting FMLA Benefits
If you are on FMLA, can you work another job? It is a question that many employees have when they are on a leave of absence under FMLA.
The answer is yes, but with some conditions.
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 that “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 your current employer has a policy that prohibits you from working another job while employed with them, this policy can still apply while on FMLA. If the policy is not uniformly applied or it does not exist, you can seek other employment while on FMLA.
You also need to make sure that the employment activities you engage in while on FMLA do not negatively impact your eligibility for FMLA benefits.
Discretion of the Employer to Discipline
While you are working another job while on FMLA leave, your employer may discipline you if your activities violate company policy or negatively impact your eligibility for FMLA benefits. The FMLA does not protect against disciplinary action if you are engaging in activities that are in violation of company policies or if those activities negatively affect your eligibility for FMLA benefits.
Rights and Responsibilities of the Employee
It is important for employees working another job while on FMLA leave to provide their employer with updated contact information. If the employer needs to contact you, it is important that they can reach you.
It is also essential that the employee does not engage in activities that negatively affect their ability to perform their job duties for the original employer. If the employee engages in such activities, their eligibility for FMLA benefits may be jeopardized.
In conclusion, if you are on FMLA, you can work another job, but you need to be mindful of company policies and ensure that employment activities do not negatively impact your eligibility for FMLA benefits. It is also important to provide your employer with updated contact information and avoid activities that affect your ability to perform your job duties for the original employer.
