Can You Work Another Job While on FMLA or Other Leave?

Employees often wonder whether they can juggle multiple job responsibilities while on a leave, such as FMLA (Family and Medical Leave Act). The answer to this query can vary significantly based on organizational policies and individual circumstances. Understanding the legal and practical implications is crucial for maintaining professionalism and avoiding potential conflicts.

Legal Grounds and Policies

Legally, the FMLA does not explicitly restrict employees from taking on additional employment while on a leave. However, the specifics can differ based on the employer's policies and the nature of the leave. Employers are permitted to maintain their own policies, which might prohibit employees from working another job during their leave. These policies can be included in employment contracts or company handbooks.

Working While on Leave: Common Scenarios

Despite the legal silence on the issue, many employees continue to work for additional employers while on leave. As one individual shares, working two years while on leave and giving notice only when expected to return was a common practice in their school board. This strategy was implemented to allow teachers to find other employment opportunities, addressing an overstaffing issue.

Another common scenario involves “moonlighting,” or working multiple jobs at the same time. This can be permissible unless company policies explicitly forbid it, and the employee’s performance does not suffer as a result.

Practical Advice and Considerations

If an employer fails to outline a policy that prohibits employees from taking on additional jobs while on leave, the employee can generally pursue this option. However, they must be mindful of the implications, such as the potential for not getting paid if the leave ends and they do not return to their original position.

Impact on Employment

It is crucial to avoid getting paid by another job while on medical leave from the same company. Doing so could result in a company not paying employees back if they leave the position they are replacing. Additionally, employees should be cautious about broadcasting their activities on social media or within their current company, as it could impact their standing in both places.

Job Search Strategy

Employees should consider using their time off to refresh their skills, polish their resumés, and work on their interview techniques. This period can also be an opportunity to tailor their application materials to specific job descriptions. Many find it beneficial to complete the leave and transition to a new job smoothly, which is the most civil approach.

References and Confidentiality

While it is acceptable to look for a new job while on leave, employees should ensure that any new job search is kept confidential within the current company. Overly publicized job searches could be perceived as unprofessional and could lead to tense relationships. Employers may also request monetary compensation if the leave was taken and the company experienced a financial loss as a result of the employee not returning.

Conclusion

Working another job while on leave is a decision that should be made with careful consideration of both legal and practical implications. Employees should review their employment contracts and consult with HR to understand their company's policies fully. By doing so, they can ensure a smooth transition and avoid any potential conflicts.