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FMLA FAQ: Can We Terminate an Employee for Working a Second Job While on FMLA Leave?

By Jeff Nowak on September 18, 2014
Posted in Abuse of FMLA leave

Q:  One of our employees has taken FMLA leave for anxiety attacks.  Recently, we found out that she is working a similar job for another employer at precisely the same time she should be working for us.  Can we deny her the right to return and terminate her employment because of this leave abuse?

A:…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
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