Legal Question in Employment Law in California

Family & Medical Leave Act

If a person has 2 jobs. Request FMLA from one of the jobs. Can that employer state that the employee is not allowed to work anywhere else or his job would be terminated.

He has worked for this company since 1977. It is a full time job and is a major nation wide company.

His other job is his own business. He works part time and is the only employee and owner of the company. In this job he is flexable and can take off as much time necessary to care for wife during pregnancy with complications requiring bed rest.


Asked on 11/20/00, 10:57 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Family & Medical Leave Act

You must provide a medical certification that your spouse requires your care. The type of care, the level of care, and whether that care is full-time is between you and the medical provider. A threat of termination because you continue other activities would appear to violate the FMLA or CFRA non-discrimination prohibitions.

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Answered on 12/01/00, 2:27 am


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