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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20401
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Can you be on OFLA and work another job?

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My wife is on OFLA through her job and working at another job. Is there a policy against this?
Last November our son is born
My wife in on leave from the school district. No benefits and pay because they have run out. No problem.
She decides not to go back in February and they are fine with the decision. they ask her to apply for OFLA because our baby boy is seeing a physical therapist for his arm. The School District is holding a position for my wife for this August

In February she takes a job with McGraw Hill working from home. This is a full time job but flexible so we can take our son to his appointments. Her new boss she gets is quite aggressive and very unfair but my wife decides to hang in there working for McGraw Hill until the end of June.

Today she was called right at her 90 days and was told that she is in violation of the McGraw Hill Ethics Policy and may be terminated.

Can they do that?

Thank you for the information and your question. There is no law that says that an employee may not work from home while on OFLA. However, there could be circumstances when it could raise issues about the need for the leave. In other words, depending on the reason for the OFLA, any kind of work, even from home might indicate that the leave is not legitimate. But to focus on the direct issue here, the "at home" employer, unless she has a contract that states otherwise, she is an "at will" employee. That not only means that the employer can let her go for any, or no, reason and with no notice or warning, but also that the employer can set their own terms and conditions of employment. However, an employer cannot intentionally target an employee for an adverse employment action simply because that employee is disabled (temporarily or permanently.) So, the employer's policy must be neutral or be directly tied to the employee's ability to do their job.

I can't say whether or not the employer has a neutral policy, or even what exactly it is, but your wife will want to see exactly what it says. If she is concerned that they are letting her go because she is on medical leave, then she will want to speak to a local employment law attorney about her case in detail to see if she might have a cause of action.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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