EE on FMLA & Working PT???

ss

An employee had an anxiety attack and has medical certification that he needs medical leave due to stress from his job. He requested the leave, was eligible, and the leave was granted.

I now understand he had a PT job in addition to his regular employment and has been going to work at this PT job. Wouldn't this be a violation of FMLA?

LindaS

Does your policy prohibit an employee from working elsewhere during FMLA leave?

HR in Okla

There have been several recent discussions on this topic and a recent case. Search "moonlighting and fmla" on the forum. Apparently courts have ruled it is okay to work other jobs while on fmla from yours!

System

Correct. No employer policy can successfully prohibit working while on FMLA. As odd as it may sound, the courts have ruled that an employee may be incapable medically of performing on a job at my place but able medically to perform another job somewhere else, or even travel to the Bahamas while on FMLA.