Can I look for a job while on medical leave under FMLA?

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Can I look for a job while on medical leave under FMLA?

I’m on medical leave and know I will be laid off when I return as a part of a larger lay off.

Asked on September 23, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can definitely look for a new job while you are on Family and Medical Leave Act leave, just as you may look for a job while actively working--even if you're working pursuant to a contract or employment agreement.

All the Family and Medical Leave Act does is guaranty eligible employees, working at covered employers, the right to take up to 12 weeks of unpaid leave per year for their own or a family member's medical needs, or for the birth or adoption of a child. Other than that, it has no effect, for good or ill, on your rights. So since an employee always has the right to look for a new job, you have the right to look for a new job while on Family and Medical Leave Act leave. Good luck.


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