My boyfriend is on paternity leave using FMLA. He’ll be stating another job that’ll be 1 day a week soon. Could his other job fire him for using FMLA with them while working another job?
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Yes.
If his primary employer finds out that he is working another job while he’s on FMLA, he can be terminated.
That’s illegal.
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My understanding of Fmla is you cannot work while on leave
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Maybe he should go back to his regular job one day a week. Makes absolutely no sense to me.
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The FMLA does not prohibit an employee from working another job while on FMLA leave. However, FMLA regulation 825.216(e) states: "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.
So if the company does not have a policy forbidding second jobs then they can not fire him for working 1 day a week. Additionally he is taking FMLA for paternity leave not medical leave also it is generally unpaid. The law requires that the job be held for the time period not that they be paid. It also requires that those employees be treated equally to those not on FMLA.
Obviously if you live in an at will state they can fire him for anything when he returns. But I would have him reach out to his HR department about their policies on second jobs.
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Yes! Why would he be on FMLA FOR 1 job BUT can work another
Might wanna ask labor board but he could possible get in alot of trouble and pay back some FMLA money
That sounds a but fishy to me
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Yes they can fire him… If you can’t work for one job then you can’t work another.
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Yes that is illegal to do
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Umm yeah smh. Taking advantage of a place knowing you’re not supposed to. You know this too
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Yes, jobs can terminate for any reason.
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They may not directly fire him for that but I’d bet if they find out that it’s countdown time to termination. Just don’t be surprised if he’s let go for something else that they may have overlooked previously.
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Yes they can . You can not use FMLA to work another job.
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No they can’t work while on FMLA.
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Found this online: Where there is no policy in place, however, an employee on FMLA leave arguably can maintain a second job, even if the work is similar to her current position
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FMLA is used for unpaid reasons to leave and it just protects your job. In my eyes, if you can’t work one job, how can you another? Unless it’s under the table, I wouldn’t dare because I do think that’s illegal and they can probably revoke the FMLA and fire him if they do find out.
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Depending on which state you work/reside in, most are considered at will employment. Which in turn, enables an employer to terminate employment at any time for whatever reason they see fit. Even if it’s that they didn’t like the color of your shoes.
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My husband couldn’t work second job while on paid paternity leave (still covered under fmla), but his company i had it stated in his fmla paper work
Think they would have too pay. Him back pay
It’s not illegal to do. He could possibly be fired for doing so if it’s in their policy to do so.
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Depends on what state…in Washington state they can fire you for no reason.
I personally wouldn’t take the chance for 1 day a week
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It depends on the policy of the company he has FMLA with. Google it.
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Read the company’s employee handbook
Lmao no he cannot work anywhere else it’s illegal and when his other job finds out he will get fired
Sugges looking up thier self to be safe.
Yes. You can’t be on leave but working.
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Why go on leave just to work somewhere else
Maybe Change to intermittent FMLA, so that he is still capable of working but only on certain days? Idk, not trying to judge just trying to help. I am sure majority of us on post do not know the exact law regarding the answer. The writer asked a question so she genuinely wants to know. We can’t “SMH” on a situation we do not know anything about.
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All these wrong answers. This is 100% why you should never ask advice from a random group of strangers on the internet.
They can’t fire him for working another job UNLESS they have a policy that prohibits their workers from having another job somewhere else. Some places have what’s called a noncompete clause in their employment agreement. You can’t work for a direct competitor. Pizza place A vs pizza place B, 2 different pharmacy chains, etc.
If you can’t work one job, what makes it right for you to get FMLA from that job, but able to work at a another company. Sounds illegal to me. And playing the system. JMO!!!
Don’t come on here crying when your boyfriend gets caught and charged with fraud. Clearly you nor him know anything about FMLA. Sorry this comes off as mean but it’s the truth.
That seems illegal to be working while on leave
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Depends on his contract. Have him reach out to HR to re read his contract.
Make this unanimous so we can see who this dumb Mf is and avoid them in person come on anyone with common sense knows the answer to this
Why not go back to work 1 day at his present job. I believe his schedule can be structured so that he doesn’t have to be out everyday
Yes. Depending on the state. In Washington they can fire you for anything for no reason.