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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32721
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Have I done something unethical by accepting a job while on

Customer Question

Have I done something unethical by accepting a job while on FMLA leave from another company who is continuing my health benefits as well as partial salary through MetLife?

Can my current employer recover premiums it paid to maintain health insurance coverage during my FMLA leave because I have accepted another job while that leave?

When is the most appropriate time for me to resign from my current job while on FMLA?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Are you able to work? If so, when did you become able to work? When did you accept the new job?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

I am currently unable to work as I am dealing with a bad flare up of a chronic medical condition. I just accepted the new job yesterday which is scheduled to begin in early September. My FMLA was originally scheduled through the second week of October but I was planning on resigning and ending the FMLA two weeks before starting the new job. I am beginning treatment for my disease this week and imagine I will be ready to work by September.

Expert:  Tina replied 1 year ago.
I see. Thank you very much for clarifying the situation for me.

It is not typically unethical or unlawful for an employee to accept another position while on FMLA leave. However, once the employee does accept the position, they must normally inform the current employer of that decision as they no longer have a legal obligation to provide any benefits (except COBRA benefits or other benefits required by the employer's policy) or compensation to the employee since the employee has terminated the employment relationship.

Since the new job does not begin until September though and you remain eligible for FMLA leave, the September date would typically be the effective date for terminating your employment with the current employer and the FMLA requires that they continue providing health care coverage until that time.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina



Tina, Attorney
Satisfied Customers: 32721
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 1 year ago.

Alright. Thank so much for the help!

Expert:  Tina replied 1 year ago.
You are very welcome and thank you. Good luck and get well soon!

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Tina
Tina
Attorney and Counselor at Law, Mediator
890 Satisfied Customers
JD, 17 years experience & recognized by ABA for excellence in employment law.