Jeffrey Wortman Quoted in HR Daily Advisor
“Can You Fire for Moonlighting While Out on FMLA?”

Employment partner Jeffrey Wortman was quoted in an HR Daily Advisor article on the right to take disciplinary action against an employee who is moonlighting at another company while out on leave under the Family and Medical Leave Act (FMLA). Jeff explained that whether an employee may continue to work a second job while on FMLA leave may depend on the employer's uniformly-applied policy regarding supplemental employment, such as a policy that prohibits outside employment while an employee is on a leave of absence. Jeff recommended that employers take the approach that "FMLA is a great law and we the company want very much to help our employees who need leave" to maintain company morale. However, he noted that employers should include a statement in their policies that employees abusing leave will lose their right to leave and may be subject to discipline or discharge.