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Can you start a new job while staying on maternity leave? The new job is remote. I am considering keeping both jobs, but the remote one won't wait. I can be on leave until mid-January

Because I had a complications with my c-section, I am not ready to return to work in person. If I end my leave but don't return in person, I will get fired.

Location: New York, NY

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  • Suppose you get what you want. What is stopping you from resigning at the end of your maternity leave, thus having collected a paycheck and never having worked there? Now we've established that, what would be the company's benefit to hiring you while still on maternity leave, as opposed to waiting until you're actually capable of working? At worst, you skip out before you start actually working for them, costing them money. At best... what? Are you such a unique individual that they'd rather pay to have you on retainer until you return to the workforce?
    – Flater
    Oct 19, 2023 at 4:05
  • @Flater I already worked for my fmla. I don't want to leave my current job. I love what I do. I need some second job to be able to stay there. How sad right. My maternity leave ends in Jan. The new job will not wait that long. Now that I'll have other expenses like child care, I won't be able to return at the end of my leave anyways. The remote job allows me to be able to keep both jobs. I'm really not trying to be greedy. I love my job, hate the pay.
    – Suany
    Oct 20, 2023 at 3:44
  • This is probably a question you should talk to a lawyer about.
    – V2Blast
    Oct 31, 2023 at 17:23

2 Answers 2

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This will likely depend on your company's stated policies on outside / additional employment.

Per 29 CFR § 825.216 - Limitations on an employee's right to reinstatement.

(d) An employee who fraudulently obtains FMLA leave from an employer is not protected by FMLA's job restoration or maintenance of health benefits provisions.

(e) If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave. An employer which does not have such a policy may not deny benefits to which an employee is entitled under FMLA on this basis unless the FMLA leave was fraudulently obtained as in paragraph (d) of this section.

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Most likely not. But I would read the benefits package they gave you.

Most companies require you to have worked for at least 1 year with them before you are allowed to take maternity leave, or any form of PMLA.

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    I believe the question is about taking leave with the existing employer who requires in-person attendance and taking a new, remote-only job during the leave.
    – steve v
    Oct 17, 2023 at 20:47
  • @stevev you are right... I would check the benefits terms at her old company, the answer is probably no.
    – Questor
    Oct 17, 2023 at 20:49
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    Most likely covered by moonlighting laws or internal policies. It is unlikely the company would want to pay you so you can work for someone else.
    – Nelson
    Oct 18, 2023 at 7:15
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    Seems counter productive to the intended intent of FMLA to be on leave at one job and working at another job. Especially if you can’t actually work the first job for legitimate medical reasons.
    – Donald
    Oct 18, 2023 at 11:41
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    @Suany - You can’t work at one company remotely and claim FMLA at another company. There are specific legal claims you make by using FMLA. It’s at a minimum dishonest to essentially work two jobs, one on leave, and the other where you are actually performing work (remotely).
    – Donald
    Oct 19, 2023 at 7:14

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