FMLA & WFMLA & 2nd Job

Ranger

One of our shift supervisors plans to take leave when his wife gives birth. He asked if he could still work his 2nd part-time job while on leave. He said the job is on weekends (when he normally wouldn't be working here). Our Company policy specifically says working for another employer during leave will result in disciplinary action, including termination. I told him he likely cannot work a 2nd part-time job while on leave, but I would get back to him. And thought I heard everything! I'm in Wisconsin. Just want to make sure our Company policy is okay.

APAllen

I'd defer to your company policy, that makes things simple. Remember, what you do for one, you have to do for another.

LindaS

I'm in WI and my understanding of both federal and state FMLA laws are that as long as you have an established policy, and have not made exceptions to it in the past, you should go ahead and follow the policy.

HR in Okla

[font size="1" color="#FF0000"]LAST EDITED ON 08-13-03 AT 09:10AM (CST)[/font][p]I'm not disagreeing with your policy or following it, but I feel certain I have read about recent court decisions upholding an employee's right to work another job when on FMLA. In fact, there is a post a few days ago refering to moonlighting on FMLA. Anyone have more info?

Ethel

I too remember reading a court decision that gave employee right to work another job while on FMLA leave. Can't remember all circumstances but do recall that if 2nd is outside of normal working hours from job where employer is granting leave -- it's ok.

Tony Kessler

Ranger,
Do a search here for "Moonlighting FMLA." The top link will take you to an interesting previous discussion on the same topic. Hope this helps. tk

Tony Kessler, director of editorial
M. Lee Smith Publishers LLC
(615) 661-0249 ext. 8068