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By Jon Hyman
Feb. 5, 2016
Earlier this week, an employee out on FMLA leave posed the following question to the Evil HR Lady:
While I am out for surgery, I was informed of a new job in another hospital. It looks like no one has applied for the position.… Can I apply for this job while I am on leave? What is the consequence of doing so? Can they take my pay back? On one of the FMLA paperwork, it states no job hunting while on FMLA. Is that true? I do not want to be in some legal battle.
FMLA leave itself doesn’t prohibit someone from job hunting. It does prohibit people from doing things that they shouldn’t be able to do, due to the terms of their leave … . [I]nterviewing for a job doesn’t aggravate your shoulder, so it’s not a violation of your leave.
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