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ARTICLE · 20 JULY 2004

Does "Serious Health Condition" Mean Worker Cannot Moonlight While On FMLA Leave?

Holland & Knight LLP
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One might assume that an employee with a serious health condition sufficient to qualify for leave under the FMLA should not be allowed to work another job during the period of FMLA leave. Put another way, working another job would seem to be inconsistent with a claim that the employee had a serious health condition entitling her to leave.

United StatesEmployment and HR
Todd Steenson
Todd Steenson

Originally published May, 2004

One might assume that an employee with a serious health condition sufficient to qualify for leave under the FMLA should not be allowed to work another job during the period of FMLA leave. Put another way, working another job would seem to be inconsistent with a claim that the employee had a serious health condition entitling her to leave. However, that assumption might be wrong. The United States Court of Appeals for the Eighth Circuit ruled that such moonlighting did not prevent an employee from proving she was entitled to FMLA leave. It allowed the employee to sue for an FMLA violation after she was terminated for moonlighting while on FMLA leave. Stekloff v. St. John’s Mercy Health Systems.

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