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If you are on fmla can you do work that is of a different

Customer Question
type that does not...
if you are on fmla can you do work that is of a different type that does not aggravate your condition
Submitted: 1 month ago.Category: Employment Law
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10/18/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19,961
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

Could you provide additional information?

Thank you for your cooperation.

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Customer reply replied 1 month ago
Ok I work in a call center have for over a decade. If I get a migraine I become useless there so if I take off FMLA but still need to feed my family can I do something like Drive Uber which I find to be very therapeutic while out on intermittent FMLA?
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

Your Question:

Ok I work in a call center have for over a decade. If I get a migraine I become useless there so if I take off FMLA but still need to feed my family can I do something like Drive Uber which I find to be very therapeutic while out on intermittent FMLA?

Response: You can without losing your FMLA benefit if your employer does not have a policy prohibiting other employment while on FMLA. See 29 CFR 825.216(e).

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Phillips Esq.
Phillips Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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