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FMLA leave for an employee with two jobs at a university
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FMLA leave for an employee with two jobs at a university
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We have an employee that has requested three weeks of FMLA for when his wife has their baby.  He is a full-time program analyst, but also works as an instructor for the university during the even
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Forums  »  Topic Forums  »  Legal Forum  »  FMLA leave for an employee with two jobs at a university

FMLA leave for an employee with two jobs at a university

posted at 1/16/2013 11:01 AM EST on Workforce Management
Posts: 1
First: 1/16/2013
Last: 1/16/2013
We have an employee that has requested three weeks of FMLA for when his wife has their baby.  He is a full-time program analyst, but also works as an instructor for the university during the evenings.  The employee only wants to take FMLA for the program analyst position and continue to teach the evenings classes.

Are we allowed to give him FMLA for only the program analyst position and allow him to continue working as an instructor in the evenings?
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Re: FMLA leave for an employee with two jobs at a university

posted at 1/21/2013 1:41 PM EST on Workforce Management
Posts: 144
First: 9/21/2011
Last: 2/8/2013

As long as the employer agrees to the intermittent leave (for just the FT part of the job) Section 201 b(1) of FMLA, then I see no reason that you couldn't allow him to work as an instructor in the evenings. FMLA is one of the few reasons that you could pay an exempt a partial salary so it even works on the payroll side.

But I would be very careful that he isn't asked to do any of his FT analyst job in the evenings while teaching the class. Supervisors and peers need to be told that he is not available for those questions.  Almost as if he is a totally different employee who wouldn't know the answers.
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Forums » Topic Forums » Legal Forum » FMLA leave for an employee with two jobs at a university

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