I am going on maternity leave under FMLA. I also work for another company as an independent contractor. Can I do that work while I’m on FMLA from my regular employer?

Steve Duggan replies:

No, probably not. Your regular employer is entitled to any hours that you are able to work during that FMLA time. Such time is for the purpose of rest after pregnancy or during a serious illness of you or a close family member. If it is only minimal, part-time work that would not interfere with your other employment, you should ask your employer if they object to you doing that. You never know; they may be fine with it.

Posted 05-28-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.