Let’s say your employee takes a Family and Medical Leave Act break, only for you to find out he/she is working basically the same job for another employer during this time. It’s a situation recently contemplated by Jeff Nowak of Franczek Radelet. He explains that the company’s ability to take action in this situation “will hinge upon one critical detail”—whether or not the initial company policy prohibits employment during leaves of absence, and then applies the policy consistently throughout its workforce.
“When 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,” Nowak notes.
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