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Apr14

FMLA

Attendance Management
Vacation Request / Response Form
Weekly Time Sheets
Attendance Calendar for 2011 or 2012
Annual Attendance Tracker
Vacation Request Form for 2011 or 2012 (Calendar)
Detailed Absence Report

Employee is on FMLA and just found out they are working during this at a different company, do I have to keep them on FMLA we are a very small company and this has been a hardship. The job she is doing is the same job duties her FMLA says she can not do?

This would appear to be a violation of FMLA, and as an employer you could fight it. If the employee were taking FMLA to care for a family member, that would be different. But taking FMLA because she cannot perform certain duties, while performing those duties at another job, is very suspicious.

However, it can be expensive and time consuming to challenge FMLA, so we will suggest another tactic first. You mention that you are a small company. The federal FMLA applies only to companies with 50 or more workers within 75 miles. You would be within your rights to inform this employee that effective next Monday, your company no longer offers an FMLA-type leave.

If you are granting unpaid leave under a state law, that would change the answer.

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3 Responses to “FMLA”

  1. Reanette Says:
    April 14th, 2010 at 12:11 pm

    This is not necessarily true. There was an FMLA case that was settled last year stating that an employee that was on FMLA as a nurse at one hospital but doing the same services at another hospital was not in violation of FMLA because the environment in which she was working in was different then the FMLA restrictions.

  2. Caitlin Says:
    April 14th, 2010 at 12:25 pm

    Hi Reanette! You bring up a good point! However, we are taking the original posters word for it that the job duties the employee is engaging in on the part-time job are exactly the ones that have been prohibited on the full-time job. Thanks for reading the blog!~ Caitlin

  3. FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update April 15, 2010 Says:
    April 15th, 2010 at 8:23 am

    […] FMLA Human Resource Blog By Caitlin Employee is on FMLA and just found out they are working during this at a different […]

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