FMLA

1199698 · February 2003

Can an employee return to work as a substitute teacher while on FMLA?

POPEYE · February 2003

You will have to give a little more explanation to get an answer. Is this person normally a substitute? Are they from another profession? What does the Physician's certification say? Do they have a Return to Work authorization? Just too many variables / unknowns to give an answer.

1199698 · February 2003

This is a regular teacher out on maternity leave.

Don D · February 2003

The answer appears to me on the surface to be 'no'. I assume her doctor put her out for medical reasons. How then is she able to work if he recommended she be on maternity leave. Aha, maybe though, she has had the child, is still on her available FMLA and returns intermittently to sub. Sounds like an odd construction of intermittent though. If she has not had the child yet, I would definitely think not approved.

POPEYE · February 2003

Don't you just love intermittent leave? It always seems like the "MIGRAINES" seem to be worse on Fridays!!!! As Don said, it will depend on how the certification is worded.

HRPeg · February 2003

How is she able to work as a substitute? Perhaps the father of the child is able to care for the child on certain days and times due to whatever work he does. FMLA does not prevent moonlighting at a second job for reasons such as varying childcare availability,etc., so you might look into it further.

1199698 · February 2003

Thank you for your response. My question was about moonlighting and you have answered it.

Don D · February 2003

Your school has night classes? If she is subbing during the regular school day, it would be problematic for FMLA. Night classes are another matter, perhaps. Depends on what the intermittent arrangement was or what the original request and approval form says.

FMLA

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