work while on FML

System

I am interested in incorporating verbage in my FML policy to forbid employees to work for another employer while on FML with our organization. Your suggestions please.

Nat

According to the information I have, as a general rule employees may work for another employer while on FMLA with your organization. The regulations state that the employee is entitled to FMLA leave for a serious health condition that prevents him/her from performing his/her regular job - not one that prevents him/her from working any job. However, if you have a "moonlighting" policy, that policy may be applied equally to employees on FMLA leave.

I would think that if you have a "moonlighting" policy, that you would either restate this policy in your FMLA policy or just refer to it.

I received this information from an Employment Law seminar provided by a prominent law firm in our area.

Hope this helps.

marc

It is my understanding that an ee can work for another company while on FMLA unless your FMLA policy prohibits it. I read that in a recent labor law letter, but do not have a sample policy for referral.

Down_the_Middle

I think the easiest solution to your dilemma is to prohibit any type of moonlighting while on ANY LOA. I incorporated this change some time ago and the moonlighting interest has wained substantially.

System

So, what's the deal with moonlighting? Half of America moonlights. Are we being a bit controlling here or what?

marc

[font size="1" color="#FF0000"]LAST EDITED ON 09-17-03 AT 04:11PM (CST)[/font][p]I think moonlighting is fine, but I get a bit peeved when I am holding a position open for an ee, and maybe paying a temp or spreading the work to other overworked staff, and then finding out that the ee is putting in hours, usually for lower pay than the ee was getting at my shop. I would be glad to utilize whatever time was available and let them work the intermittent angle.

System

Marc: What irritates you irritates us all. The law precludes our penalizing an FMLA user who is also working somewhere else. All we can do about it is grit our teeth and I do that regularly. We also cannot forbid an employee on any sort of leave from working a second job if we do not have the same prohibition for all employees and still we might be called upon to explain the rationale for that. (I will share my secret: This is one of those times I just say, 'Screw it', and move on to something fun to deal with.)

marc

As usual, you recommend a wise course.