Can employees moonlight while on FMLA leave?

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in FMLA Guidelines,Human Resources

Q. One of our employees is off on FMLA leave to 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 their FMLA leave, 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.

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