Legal Question in Medical Leave in North Carolina

Working Another Job While On FMLA Leave

The purpose of leave under the Family Medical Leave Act is to afford the employee time off for certain family matters. An employer conceivably could challenge the employee's "need" for leave under the Act, if it is shown that the employee is working instead of using the time for leave. If the employee is taking leave for the employee's "serious medical condition", which would require that the employee cannot perform his/her job duties, then the employer might challenge the validity of the medical condition, especially if the work performed while on leave requires the same or similar abilities as are required for the job from which the employee has claimed a need for leave. If leave was taken for the birth of a child, to care for the child after childbirth, the adoption or foster home placement of a child, or the care of a family member with a serious medical condition, then the employee's working another job would put into question whether the employee needed the leave, since not all of the employee's time which he/she would have spent working is being used for the purpose for which leave was requested. On the other hand, if the employee was working the part-time job before taking leave, and if the employee is not devoting to the part-time job any more time than prior to taking the leave, then the employer would have less of a basis for challenging the part-time job. You should consult an attorney in your area concerning the particular facts and circumstances involving your employment, prior to engaging in any additional employment while on leave.