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Anyone worked a 2nd job while on FMLA?

CostalMaineGalCostalMaineGal member
in Working Moms
Hello all!  I'm curious if anyone has balanced a part time job while taking FMLA from your primary job, or if anyone knows if this is even legal.  I currently work full time in a health clinic, but may start working part-time from home for an insurance claims review company.  I am planning to take the full 12 weeks of FMLA from my primary job, but would consider keeping the part-time at-home gig going for the extra cash.  Could I loose my FMLA/primary job if I do this?
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Re: Anyone worked a 2nd job while on FMLA?

  • Pips09Pips09 member
    The FMLA statute does not prohibit an employee from working a second job while on leave. However, your company may have a policy prohibiting this. So it will depend on your company policy. Working during your disability period, if you are receiving STD would most definitely be against the STD policy.
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  • Karla CSKarla CS member
    I don't know the legalities, but it doesn't sound right or fair to your current employer. The work is of a similar scope - you're not doing heavy lifting at one job, and office work at the other, in which case, you physically would be unable to job one, but able to do job two.
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  • SoMoNYSoMoNY member
    I would think primary employer would fire you if they found out.

    If I had someone out on FMLA and found out they were working elsewhere I'd fire them without a second thought.


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  • Maybride2Maybride2 member
    It's illegal if you're receiving any sort of STD. And I would also fire you in a heartbeat if I were your boss and I found out.
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  • katdesearkatdesear member
    Pips09 said:
    The FMLA statute does not prohibit an employee from working a second job while on leave. However, your company may have a policy prohibiting this. So it will depend on your company policy. 

    This.  Our company has a policy that allows termination upon starting new employment while out on leave.  However, we had an employee who continued to work her second job while on FMLA.  We knew about her second job when she worked for us and the Company did not have a policy against continued employment at another job while out on leave.  Therefore, we had no grounds for termination.

    Working during your disability period, if you are receiving STD would most definitely be against the STD policy.

    I'd have to say you should request the SPD (Summary Plan Description) for your Company's STD policy.  You can get it from the provider if you don't want to ask your HR Rep.  Just because you have a doctor that certifies you are disabled an unable to perform the essential functions of one job, does not mean that you cannot perform the essential functions of the other, especially if they are two completely different types of work.
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