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.