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I was offered another job while on FMLA. Is this a violation or could I face some sort of legal action?

New York |

I was approved for 8 weeks of FMLA to have surgery and have 3 more weeks before I return to work. I had submitted a resume for a position at another company a couple of months ago and they contacted me wanting me to interview. I agreed to an interview which will be in the next week.

As I am on FMLA, does interviewing and/or accepting a position elsewhere while on FMLA violate any FMLA policy? I have reviewed all FMLA documentation from my employer and it does not state anything related to this type of situation, but I would like some input.

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Attorney answers 1


Do you have an employment contract? If so - get it out and see what restrictions you have. If not, you are likely an at will employee and can leave at any time with reasonable notice. The FMLA has nothing to do with your rights --- is it paid FMLA leave? Or Unpaid? You may want to offer some of the money back if paid.

I would also encourage you to call a local employment attorney as every state has different laws on employment rights and restrictions.

Good luck - and Happy New Year

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