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I reside in California. I'm currently on FMLA for stress…

I reside in California...

I reside in California. I'm currently on FMLA for stress leave from primary employment. I have a second job that my doctor encouraged me to work due to it. Ring a positive working environment. Is that legal? I don't want my primary employer to be able to terminate me for working somewhere else while on FMLA, despite they created the stress. There is no policy by my employer that states I cannot. However, they did say that it is "expected" I will not be at my other place of employment due to my LOA.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union. Full-time. My other position is a per diem position.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm filing a Hostile Work Environment complaint

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Answered in 3 minutes by:
9/13/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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Because you are on stress leave from a particular job, that doesn't mean you cannot work a secondary job with a particular serious medical condition that you have. In deed neither the FMLA or Cal equivalent have any prohibition to working a secondary job while on leave. The California Supreme Court has ruled that even if you an employee is on medical leave due to inability to perform the essential functions of his or her job, yet continues performance at a similar second job, this is not conclusive evidence that he or she does not suffer from a serious health condition and is capable of performing the duties specific to his or her job under the first employer. Terminating the employee without more information may lead to costly and time-consuming disputes involving factual questions that may ultimately have be decided by a jury...thus employers should be very hesitant to adopt a policy of no secondry job while on medical leave. So , to answer your question directly - there's no law that states you cannot work while on leave. However, you should first review the employers policy on secondary employment during medical leave.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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Customer reply replied 8 months ago
Thank you. To my understanding my employer has no policy on secondary employment during medical leave. I think it's uncommon. I due work for a government agency and do not think that makes a difference. If not, I am satisfied with my answer.
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