Working while on leave AND close to 1250

Paige

I have 2 questions regarding FMLA regs. Can an employee work at another job (for whatever reason) while on leave from your company or is there a guideline stating we can terminate an employee on FMLA as soon as we find out they are employed and working elsewhere?

An employee requests to go out on leave due to a foster care child being placed with her. She is about 50 hours shy of the 1250 requirement--does FMLA begin as soon as she hits 1250?

Thanks.

Don D

Our policy states that an employee who is on leave of any type who accepts another job while on leave will subject themselves to termination. FMLA can't supercede company policy in that respect, as far as I know. We would allow a person who we have already approved working a second job to work that job while on vacation; however, we consistently do not allow an employee to be on leave and go job hunting and land another job while on leave from our job. The 1250 of course applies to hours worked at YOUR company. Unless your state requires otherwise, FMLA for the birth, adoption or foster care placement of a child, the leave must commence and end within 12-months of the birth or placement. The person should be eligible to take FMLA for the foster care placement as soon as they have worked for your company for 1250 hrs during the preceeding 12 months and they would only have 12 months moving forward from the placement date, in which to take the FMLA for that particular event.