WORKING DURING FMLA

HRGirl

Can an ee work while they are out on maternity leave FMLA? I have an employee who is highly billable and will be going out on FMLA. She would like to work a few hours during her leave, is this permissable? HELP...I'm so confused.

LindaS

If you are talking about the employee wanting to work for your company, I would recommend having the EE discuss it with their physician and having them provide you with some type of release for them to be able to work a "few" hours during their maternity leave. Keep in mind that any time they work needs to be deducted from their total FMLA allotment so they may be able to stretch out the amount of time they are off.

Nrdgrrl

Make sure to get a Dr's release for at least the first 6-8 weeks after the birth, as the ee is considered truly disabled during this time. After that, the FML is really for bonding time, so that period would not be as much of a worry as long as mother and child have been released from the Dr's care.

System

Maybe I'm misreading the question. But, it appears to me that you are talking about your pregnant employee who the doctor has certified unable to work and you have, or will have, her out on FMLA (maternity leave). And this employee is asking you if she can come in and work a few hours here and there. If I have it wrong, sorry. If I have it right, don't allow it. If you have approved full time FMLA absence based on medical certification, you cannot unilaterally override that certification and work her intermittently. If the certification covered periodic, intermittent absence and that's what you have her on, no problem with her working some hours. You can't have your cake and eat it to in the latter scenario. Either she in on full time certified FMLA or its intermittent. If she is on full time leave and the doctor provides another certification, at her request, which allows intermittent periods of work, you're covered!