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can you work another job while on fmla? New Jersey

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  • can you work another job while on fmla? New Jersey

    i am currently on fmla in new jersey and am wondering if you can legally work another job while on fmla?

    also, is there a difference in fmla leave and just an unpaid leave? do most companies offer an unpaid leave (not fmla)?

    thank you, this site is an amazing resource!

  • #2
    Yes, there is a difference. FMLA is a Federal law regarding medical leave that MUST be invoked if all the qualifications are met. For FMLA to apply, ALL of the following must be true:

    1.) The employer must have a minimum of 50 employees within 75 miles of the employee's location.
    2.) The employee must have worked for the employer for a minimum of 12 months
    3.) In the 12 months immediately preceding his or her leave, the employee must have worked a minimum of 1,250 hours
    4.) The employee or a qualified beneficiary must have a serious health condition as defined by the statute.

    If even one of these criteria is not true, then FMLA does not apply. However, if all 4 apply, then FMLA is not optional and neither the employer nor the employee has a choice about its use, with limited exceptions.

    FMLA provides for 12 weeks or the intermediate equivalent of job protected medical leave. When the 12 weeks is up, so is the job protection.

    An unpaid medical leave that is not FMLA can be for any purpose, and is subject only to the employer's policy and not law.

    Whether or not an employee on FMLA can work at another job depends on the employer's policy for working at another job on non-FMLA leaves. If the employer prohibits working at another job on non-FMLA leave, then the employer can prohibit working at another job on FMLA leave. If the employer does not prohibit working at another job while on non-FMLA leave, then he cannot prohibit it on FMLA leave either.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      The Family and Medical Leave Act (FMLA) does not prohibit an employee from working another job while on leave. But the law's regulations provide that "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."
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