Employees out on disability orsometimes need to supplement their incomes. Taking a part-time job within medical restrictions is one solution.
That may seem disloyal. But firing the employee will probably make her eligible for unemployment benefits.
Recent case: Evelyn DeSmet was offered medical leave as an accommodation for a knee injury. While on leave, she took a part-time job as a food demonstrator in order to pay for her health insurance. The job was within her medical restrictions.
DeSmet’s primary employer fired her for misconduct and disloyalty when it discovered she was working a second job. Her application for unwas contested.
Ultimately, she received benefits after a court ruled it was not disloyalty or misconduct to take a part-time job while on leave from one’s main job. (DeSmet v. FMT, No. A11-841, Court of Appeals of Minnesota, 2012)
- Laying off employee who's out on FMLA leave? Better be prepared to back up the rationale
- Rewrite policy to prevent moonlighting during FMLA leave
- You can't shave employee's bonus just because she took FMLA leave
- If you have doubts about FMLA eligibility, don't hesitate to seek a second medical opinion
- Can unmarried couple both take FMLA leave for newborn?