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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111657
Experience:  20+ Years of Employment Law Experience
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I have 2 jobs. One job is as a full-time School Psychologist

Customer Question

I have 2 jobs. One job is as a full-time School Psychologist for a school district (I'm part of the teacher's union). The other job is part-time, and is for my family business (owned by my mother-in-law). I went out on maternity leave in early September for my full-time job. I have continued working for the family business since then, from home, still on a part-time basis. I filed with the Department of Labor (with the state of NJ) for the Family Medical Leave Act for the full-time job, and have been denied. They're saying that I'm not eligible for such compensation for that job because I've continued working at the part-time job. I don't understand how this is legal or possible. If I was previously able to work 2 jobs, but because of being pregnant and having a child I can't work the full-time job, but have been able to continue working the part-time job, why aren't I entitled to family medical leave pay for the full-time job? It's specifically because of my pregnancy and child bonding time that I couldn't work the job. I don't think I should be penalized for this. Is this legal? If not, please let me know how I can respond to the government in my appeal.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
FMLA is for leave when an employee cannot work period, not just because an employee cannot work one job but can work another part time job. So under FMLA, if you cannot work because of your pregnancy and bonding, you cannot work anywhere. So you would need to leave your part time job as well, since working at the part time job means you could still work and as such are not under the requirements of FMLA.
I know, it sounds like splitting hairs, but if you cannot work because of pregnancy, then you cannot work period at any job and the claimant does not get to just pick and choose what they want to work and not want to work under FMLA.
Customer: replied 11 months ago.
That is very disappointing. Do you have any advice as to how I can get the FMLA compensation at this point? For example, is it possible for me to return the wages I earned at the part-time job? Or is it too late because I already acknowledged to the Department of Labor that I worked during that time period?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply. Sorry for the delay in responding, I was out on a client matter and traveling all day today to another client matter out of state.
Unfortunately, once you acknowledged working the part time job, it is too late to go backwards and change that. Even returning the wages at this point cannot help legally because you worked already. I am sorry, but not being able to work means not working anywhere during that time period.

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