Q. We recently learned that an employee on
A. Probably not. The federal Act ( ) doesn't expressly prohibit an employee on FMLA leave from working full time or part time for another employer. Some states do have a “no moonlighting” provision in their laws, but Arizona has no state .
If, however, your company has a policy against moonlighting by any employee, you can probably apply that policy to the employee on leave as long as you have applied it in other cases. If you do not have such a policy, the employee can work elsewhere unless the FMLA leave was fraudulently obtained or the employment creates a conflict of interest.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires
- Do we have FMLA reinstatement obligations if employee asks for leave and then quits?
- It's up to you to ensure employees know how much FMLA leave they have left
- Use common sense to judge length of leave