State Family Leave Law May Ban Moonlighting

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in FMLA Guidelines,Human Resources,Maternity Leave Laws

Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire her? —D.G., Arizona

A. Probably not. The federal Family and Medical Leave Act (FMLA) 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 family leave laws, but Arizona has no state family leave law.

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.

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