December 01, 2009

Moonlighting while on FMLA leave

Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELE


The arbitrator ruled that management unfairly denied a police officer the right to work secondary employment while he was on FMLA leave due to the birth of a child.

The arbitrator's rationale: The city did not have any policy prohibiting its police officers from moonlighting while on FMLA leave. City of Warrensville Heights and Ohio PBA, 126 LA (BNA) 1313, FMCS Case #09/54968 (Lalka, 2009).