Q. One of our employees is off onto care for a sick child. But we know she is also working a second job. We need her back and it seems to me if she can take part-time work, she could work at least a reduced schedule for us instead. Can we cancel her leave? — Anonymous
A. It depends. If your company has a policy (hopefully written) that prohibits employees from working a second job during theirleave, and the company has consistently applied the policy to all employees, you may enforce that policy and deny her FMLA leave.
The FMLA, however, does not specifically prohibit employees from working a second job while on FMLA leave. Therefore, your employee could work her second job if your company’s policy does not include a clear “no-moonlighting” policy, and she properly qualified for FMLA leave in accordance to your company’s policy.
- If doctor's note is unclear, insist on a properly completed FMLA certification form
- Prescription alone doesn't rate FMLA leave
- Require certification if intermittent leave 'Need' might be bogus
- How to handle partial-day absences under FMLA
- Not sure employee is eligible for FMLA leave? Play it safe and assume she is