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FMLA Intermittent Leave - Alabama

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  • FMLA Intermittent Leave - Alabama

    I have an employee who works a second job. She's on intermittent FML. We suspect that sometimes when she's scheduled to work for us, she is actually working at the second job and claiming the time with us as intermittent leave. Is there someplace I can look to see how the law covers this? I can't find anything.

    Thank you.

  • #2
    Originally posted by HRInfo
    I have an employee who works a second job. She's on intermittent FML. We suspect that sometimes when she's scheduled to work for us, she is actually working at the second job and claiming the time with us as intermittent leave. Is there someplace I can look to see how the law covers this? I can't find anything.
    Thank you.
    This is a very sticky situation. First, what evidence do you have the employee is working a second job?
    The act does provide guidance under 29 CFR 825.312
    (h) If the employer has a uniformly-applied policy governing outside
    or supplemental employment, such a policy may continue to apply to an
    employee while on FMLA leave. An employer which does not have such a
    policy may not deny benefits to which an employee is entitled under FMLA
    on this basis unless the FMLA leave was fraudulently obtained as in
    paragraph (g) of this section.
    However, if you question the validity of the certification, you can at your expense request a second opinion.
    Somedays you're the windshield and somedays you're the bug.

    Comment


    • #3
      FMLA Intermittent - Alabama

      She's told us she works another job. Our handbook states it's okay to work a second job. It's just if she is working at the 2nd job at the time that she's supposed to be working for us, and claimed to be out on FML.

      The manager is planning on going over to the 2nd job the next time the employee calls in suspiciously.

      Comment


      • #4
        In that case, it wouldn't fall under FMLA, it would fall under "lying". That is never ok but you won't find a law that says "employees may not law". It isn't illlegal, but it is definitely a serious offense.

        I would send a manager and someone else in authority over to the second job if you are suspicious. Two people verifying it are better than one. You can also hire an investigator, but for something fairly straighforward like this, it is probably overkill.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

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