Moonlighting on FMLA: Can You Work Another Job?

Introduction

FMLA is unpaid, so it is tempting to drive rideshare or work a side gig while you're off. But can you? The answer depends on your employer's policies.

The General Rule

FMLA regulations say: **Your employer must treat you the same as other employees on equivalent leave.**

• If your employer has a policy strictly **banning outside employment** (moonlighting) for everyone, they can apply it to you while on FMLA.
• If they **allow** outside work for employees on vacation or unpaid leave, they generally cannot forbid you from doing it just because you are on FMLA.

Fraud Risks

Even if there is no ban, working another job can be evidence of **FMLA fraud** if the work contradicts your medical reason for leave.

**Example (Fraud):** You take leave for "severe back pain" barring you from your desk job, but you are caught working construction on the side. **Example (Likely Okay):** You take leave for a foot surgery that prevents you from standing at your retail job, but you continue your seated freelance writing gig from home (assuming no moonlighting ban).

Bonding Leave

If you are on bonding leave (healthy baby, healthy parent), you aren't physically incapacitated. Working a second job is less likely to prove "medical fraud," but it still might violate company moonlighting policies.

Conclusion

Check your employee handbook BEFORE accepting other work. If you are caught violating a moonlighting policy, you can be fired—even while on FMLA.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*