Josh Goodbaum: Hi, Amanda.
Amanda DeMatteis: Hi, Josh. What are we going to talk about today?
Goodbaum: Well, we have a viewer question. We have posted a video that’s been very popular. That video asks whether you can be out on FMLA leave and accept a new job. This viewer has a Connecticut-specific twist on that question. Connecticut has Connecticut Paid Leave, and the viewer wants to know: “If I’m out on FMLA leave and I’m receiving Connecticut Paid Leave, can I still accept a new job?”
DeMatteis: Answer? Maybe.
Let’s talk about the difference between FMLA and CT Paid Leave. Remember, FMLA is job protection. You have 12 weeks of protected leave for you to go out and heal from whatever serious medical condition that you’re suffering from, and you have the right to be reinstated into your previous position or a substantially similar one.
CT Paid Leave provides you with some pay protection. It’s actually going to pay you to be out on that FMLA leave, and FMLA leave and CT Paid Leave run concurrently.
To answer your question:
Number one: You obviously don’t want to be committing fraud. Say you are out of work on FMLA for a knee injury. So, for example, you can’t work as a waitress because you can’t be on your knee for more than four hours at a particular period of time. If this new job is going to violate those same restrictions – meaning it’s gonna require you to be on that knee for more than four hours – then you’re likely committing FMLA fraud by taking the new job because why couldn’t you go back to the first job, right?
However, if it’s completely different — say this new job is a desk job and you aren’t required to be on that knee for more than four hours — then yes, I would think that you could take that second job because you could perform the essential functions of that position without violating any restrictions that your doctor has put into place.
Number two: You have to see if your earnings still render you eligible for CT Paid Leave. And what we would suggest you do on that is contact CT Paid Leave and say, “Listen, I’m currently receiving benefits. I’ve received a new job offer that I’m able to do with the serious medical condition that put me out on FMLA leave to begin with. Here’s what I’m going to be making. Am I still entitled to CT Paid Leave benefits?”
That’s just gonna provide you with all the answers that you need right there. You’re being upfront and transparent about what is happening in your life while also, of course, trying to make a living and provide for your family.
So, two things to remember: Make sure that this new job sticks within whatever restrictions that your medical provider has given you based on whatever serious health condition that has put you out on leave to begin with. And two, be transparent with CT Paid Leave. Let them know that you have income from another source and make sure that you’re still eligible to receive the benefits.
Goodbaum: Great advice, Amanda. And if you’re out on FMLA leave or receiving CT Paid Leave not because of your own serious health condition, but because of the health condition of a family member, then Number One almost certainly doesn’t apply.
Thanks to the viewer for the question and to you all for watching. We’ll see you next time.
DeMatteis: Take care.