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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 22353
Experience:  20 years of experience practicing law.
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I am pregnant and due in early December, and am eligible for

Resolved Question:

I am pregnant and due in early December, and am eligible for FMLA and a 6 week paid maternity leave by my employer in Indiana. I am moving to Texas and will begin a new job in early November and am doing so in order to secure this position following the birth of my baby. The new employer is very understanding of my situation and will allow an unpaid leave for three months. My question is in regard to dual employment status: Am I allowed to take vacation from my current employer until the birth (I have plenty of vacation days banked), take an FMLA sick leave for 6-8 weeks followed by the paid 6 week maternity leave, while beginning a job with a new employer for a couple of weeks while in vacation status with my current employer? Insurance coverage is not at issue.
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Congratulations!

If you can work that out, there is no law against it.
Customer: replied 1 year ago.
Just to clarify, can I be on payroll 100% with two employers, 200% employed, even if I am on vacation status with one employer?
Expert:  Samuel II replied 1 year ago.
Hello

There is nothing illegal about it. And it would be up to the employers - and so if you are going to take vacation and then give your notice, but still be employed with the new company it is not illegal. However, I would venture to say that if one or both find out there might be some ramifications
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 22353
Experience: 20 years of experience practicing law.
Samuel II and 4 other Employment Law Specialists are ready to help you

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Samuel II
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20 years of experience practicing law.