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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I am on an LOA in Nebraska due to -polar and stress from my

Customer Question

I am on an LOA in Nebraska due to bi-polar and stress from my current job. The job conditions over the past 4 months have become increasingly more difficult and troublesome to manage. While on a paid LOA for personal health reasons, I was just extended another month thru October 15th of this year. In the meantime I also made the decision that at the end of my LOA I would leave my current employer in hopes of finding another job. Well, I now have found that other job and they want me to start working 9/1. My new job allows me to work from home and provide tech support to a software program, the stresses that existed at my old job are non-exsistent at this new job. Can I legally still accept my paid LOA benefit from my employer thru the last day of eligible paid benefit would allow but work for the other company and get paid at the same time?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

No, you cannot. You cannot double-dip. Any sort of an LOA means that you are expecting to return. So if you take the LOA, you cannot work those same hours for someone else. If you wish to start work on 9/1, you can, but your LOA benefits would then have to cease by 8/31. If you pursue both, your past employer can sue you for fraud and pursue you for over-payment of benefits.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Dimitry, had followup question. The job responsibilities and stress are completely different than job I am on Los for. I may down the road want to go back pt, am not sure yet but it just may be that I change up what i am doing full time. Additionally, i have a medical certification from my doc stating that the current conditions are not workable.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

My apologies but my answer won't change. Let me explain why if it is a bit unclear.

As an LOA you are effectively promising the employer that once off-leave, you are returning. You are also stating, by accepting the LOA, that you are not able to work, and that the time you would have spent for the employer you are spending recovering. Hence, that time cannot be used to moonlight and work elsewhere. It is considered fraud even if the work is unrelated, because you cannot be on leave, especially paid leave in one place but work somewhere else--that is akin to receiving unemployment benefits while working full-time somewhere else and not reporting it to unemployment. Both examples are fraud, and both are not permissible.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
That makes sense, so my followup to that would be, can my employer terminate my loa once i give a 2 or 4 week notice or am i coveres thru the last day of employement. You've been very helpful.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

That is a good question. Probably once you give notice, the employer, arguing that you won't return, can terminate your LOA. It would be an underhanded trick, but based on my understanding it won't be illegal.

Sincerely

Dimitry, Esq.

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