On FMLA but working a second job....

I can't really find solid guidance on this one (like there is EVER solid guidance on FMLA). An employee has been on FMLA leave for about 4 weeks and has recently requested an extension. At the same time we hear that the employee may be actually working at another job. Other than requesting a recert, is there anything we can do should we find out that the employee is in fact working at a different job while claiming "incapacitated" with us??


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  • Sometimes a second job is allowed. It just depends upon the circumstances. For instance, there was a court case where the employee got fired for working a second job when off on FMLA for work-related stress. She didn't have stress at the 2nd job, so the court ruled in her favor.

    If the work is similar, or say, requires you to be on your feet all day when they are off for a broken leg, then you can take action. If they normally unload trucks for you and the part time work is making phone calls, then it would be acceptable.

    You need more details before you decide what to do. Good luck!
  • Our policy requires an employee on FMLA to obtain written approval from the HR Director to work for another employer or to be self-employed. This allows us the opportunity to make an assessment as to whether the employee can perform his/her job with us; or if we have a light duty job he/she can perform.
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