We often get questions about what an individual is allowed to do while on leave under the FMLA. For example, can you engage in contract work, work a second job, or volunteer on FMLA leave? Like many issues around work and cancer, there isn’t a one-size fits all answer.
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take time off from work, for up to 12 weeks, because their own serious medical condition prevents them from working, or to act as a caregiver for a seriously ill spouse, child, or parent.
To be eligible for FMLA leave, individuals must have worked at their place of employment for a minimum of 12 months, and worked over 1,250 hours, in the last 12 months. Also, private employers must have more than 50 employees in order to be covered by the FMLA. For more information about the FMLA, take a look at our Quick Guide.
The FMLA does not expressly prohibit individuals from working another job while on FMLA leave (sometimes referred to as moonlighting, but we also know that many people regularly work more than one job). “Employers with established policies regarding outside employment while on paid or unpaid leave may uniformly apply those policies to employees on FMLA leave. Otherwise, the employer may not restrict your activities.” Keep in mind, some states may have laws that might impact an employee’s ability to work other jobs while on leave.
If you are taking time off under the FMLA because a medical condition keeps you from working, and you chose to volunteer or work another job while on FMLA, and your employer finds out, they are allowed to ask questions regarding your responsibilities and your ability to work. Employers may question your responsibilities at you other job, to ensure that they are not similar to what you do while working for them. Therefore, it may be in your best interest to check with your employer about their policies around working another job or volunteering while out on FMLA leave.
For more information, visit https://www.dol.gov/whd/regs/compliance/1421.htm.