Legal Question in Medical Leave in Pennsylvania

Working while on FMLA
I am getting burned out at my job. I am a nurse and the workload has become ridiculous at my current employer. I have seen my doctor regarding this. My BP is up and I am always stressed. I want to take a LOA just to get a break. My employer's policy is that no one may take an unpaid LOA. You have to use all paid time that you have (vacation, sick time, etc) But I wanted to take an unpaid LOA and work doing something else for a while, even McDonalds, just for a break. Is it against the law to work somewhere else while on a FMLOA? As I mentioned, I wanted to take it wothout pay but my employers does not allow that.

Asked on 4/12/06, 7:15 pm

Mark Johns Mark Johns, Esquire

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Re: Working while on FMLA

An employer can force you to use your vacation and sick time. Also taking new employment would probably disqualify you.

Answered on 4/13/06, 5:20 am

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