›

Moonlighting exclusion during LOA

JAldermanJAlderman 10 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Based on one of the recent court cases (which allowed someone to moonlight in essentially the same position as held with the employer from which the person was taking FMLA leave), it seems like it might be prudent to include a clause prohibiting moonlightling while on any type of LOA. I'm thinking of adding the following language to our FMLA policy:
"Moonlighting is prohibited while on any kind of Leave of Absence (LOA) from RBMG and could result in disqualification of leave and/or termination of employment."

Do you think that would cover us from a legal perspective? Any thoughts or suggestions would be appreciated. Thanks.
Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • dickstedtdickstedt 2 Posts
    PMVote Up0Vote Down
    [font size="1" color="#FF0000"]LAST EDITED ON 08-08-03 AT 10:33AM (CST)[/font][p]The DOL has an advisory opinion, number 106, dated July 1, 1999, regarding employees on FMLA leave working a second job. See also 29 USC § 2614[a][b][B] of the Act and 29 CFR §§825.216 and 825.312[h] of the Regulations.

    If you have a union, you should discuss with them the changes in your company policy. In other words, seek their input, advise them you are changing the policy and then insert the new policy in your company handbook or manual.

    Otherwise, changing your company policy to not allowing working a second job while on FMLA should do it.
    Share on Facebook Share on Twitter
Sign In or Register to comment.