another job/fmla/std/sick leave

gimper

We have an employee out on fmla for surgery. We require employees to use sick&vacation hrs concurretnly. He also is receiving short term disability compensation. His Dr. indicated he could do sedantry work, but we have none for him to do.

Can this employee work a different job while out on these types of leave? Our sick leave policy does not specifically address this scenario.

My understanding is that under FMLA, he is able to work another job. What I am not sure about is the short term disability. If he can, can we request him to give a Dr. certificate saying he can perform the duties of the other job? The type of work is questionable to us.

POPEYE

You are correct in that if you do not have a written policy that specifically prohibits "moonlighting", you may not prohibit someone on FMLA from doing so.

As far as the Disability, I would let your carrier earn their money and let them be the investigator, judge and jury.

System

Popeye is right on the moonlighting while on FML. I, too, would contact the disability carrier and notify them that the employee is drawing income. They will reduce the disability payment he receives.

Also, even if you offered the employee a sedentary position while on FML, he would not have to take it. Keep an accurate account of the hours the employee uses and get periodic updates from his doctor that certify he is still unable to work his normal job.

gimper

Thanks to both of you for your direction...you've been a great help!