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Maternity leave legality question

PoppyweddingPoppywedding
in 2nd Trimester

Question about maternity leave:

I have a regular (9-5 M-F) full time job and then a weekend job as well. I will be taking my maternity leave from my regular week day job. My plan was to keep my weekend job for a little income during my 12 week FMLA maternity leave. I heard from someone that doing that is considered illegal (Massachusetts) because you are considered disabled when out on FMLA. Does anyone know if that is true? Can I work part time if out from my full time job?

Thanks for you help!

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Re: Maternity leave legality question

  • 6fsn6fsn
    I'm no expert, but I don't think you can work parttime while out on FMLA.
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  • JerkStore213JerkStore213 member

    I'm definitely not an expert by any means, but I think it may be illegal. I know it's illegal to work at the job you're taking maternity leave from... I made a joking comment to my HR person about being on my blackberry doing work while pushing the baby out and she got really serious and said it was illegal. So I don't see why you'd be allowed to work at another job.

    Also, from what I understand, the "disability" part is the first 6 weeks (8 for C section). So not sure if it would still be illegal after those first weeks. You should ask your HR person at your regular FT job though.

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  • jtenebackjteneback member
    My sister had a C-section and after 8 weeks she started at her part-time job again.  Her understanding was that she could not work while out on disability for those 8 weeks.
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  • lizobsslizobss
    Not that I have any idea to the answer of your question, but you can take FMLA when you need to take care of a family member also.  FMLA doesn't necessarily mean disabled.  If you are collecting disability pay, then yes that's illegal.   But not sure about just having FMLA leave.
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  • Lucky_DragonflyLucky_Dragonfly member
    to my knowledge no you can't, however I did participate in focus group studies while on leave to get some extra cash.
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  • ilovejudilovejud
    It also depends on how big your company is...does it employ more than 50 full time employees??  If not, there are no laws to protect pregnant women and therefore no laws you need to worry about following... Have you been there longer than 1 year?  There are a ton of fine lines in the laws that actually protect women, you need to do some reading and look up the laws in your state...  With my 1st child, I worked for my company for 2 1/2 years before I got pregnant, they worked me right up until I delivered, and were only going to give me exactly 6 weeks off (they didn't fall under FMLA so they didn't have to give me time off)  But that didn't matter anyway because when I showed up on my first day back after exactly 6 weeks after I delivered they told me I could go back home because they were letting me go.... I even had a lawyer look into my case....it's really messed up, but our country does very little to protect pregnant working women... there was nothing I could do bc I work in a state where it's legal to fire someone without giving any cause or reason...
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  • Firedancer1013Firedancer1013
    I've been talking to my HR rep for the same reason, she is supposed to be getting back to me with an answer to this question.  I work part time (30 hrs a week) at one job and hold a PRN job where I pick up random days and weekends.  My question is this- I know I can't work while on short term disability (which will be anywhere from 6-8 weeks after birth, depending if I have vaginal or csection), but can I pick up Saturdays at the PRN job when DH is home with LO from that time on until the end of my FMLA (which will total 12 weeks).  I will be getting paid my saved PTO/Vacation/sick hours at that point if I have any left, if not, I won't be getting paid.  
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  • daniellepandadaniellepanda member
    imagePoppywedding:

    Question about maternity leave:

    I have a regular (9-5 M-F) full time job and then a weekend job as well. I will be taking my maternity leave from my regular week day job. My plan was to keep my weekend job for a little income during my 12 week FMLA maternity leave. I heard from someone that doing that is considered illegal (Massachusetts) because you are considered disabled when out on FMLA. Does anyone know if that is true? Can I work part time if out from my full time job?

    Thanks for you help!

     

     

    Yes it is illegal if you will be collecting any sort of state disability insurance for pregnancy leave (usually 6-8 weeks in the few states that do pay for this) or if you are also collecting the 6 weeks paid family leave money (not sure if they have that in MA but that's what it is called in CA as 'baby bonding time'). If you are collecting these payments from the state, you cannot be legally working. Also for you to return to your pt job your doctor would have to sign off on you to be pysically and mentally ready to return to work, which most doctors will not do until you are past the 6 weeks birth mark since your body is still in the healing process.

    However if your PT job is "under the table" then you can prob get away with it ;) 

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  • azzyberryazzyberry member

    There is a lot of misinformation in this post.

    First, FMLA is NOT disability.  FMLA and short term disability are two different things that coincide with eachother when you take time off for maternity leave.  FMLA is federal law that allows an employee to take up to 12 weeks per year for family medical leave and keep your job and benefits protected.  This is unpaid leave and you can take FMLA for your full time job and still work your weekend job.  Only companies who have greater than 50 employees are required to abide by this law.

    Now, if you are using short term disability (STD) in conjunction with FMLA (which most people do) then it is illegal to work any job while you are on STD because you are considered disabled.  For example - if you have are planning on taking your entire 12 weeks of FMLA but for 6 of those weeks you are also using STD, you cannot work any job while on STD.  You could work your other job the remaining 6 weeks of FMLA after your STD has expired.

    Hope this makes sense :)

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