"If you want to prohibit an employee from working a second job and tighten up your FMLA compliance, it is critical that you maintain a uniformly-applied no-moonlighting policy that prohibits work while on FMLA leave and any other form of leave. Additionally, the policy should be distributed and available to all employees, and they should be reminded of it when leave begins.... [If] you learn that an employee is working another job while on FMLA leave, you should: [1] Confirm these facts and inform the employee that you are aware of the second job; [2] Confirm the employee' s acknowledgment and agreement that your policies prohibit moonlighting; [3] Determine the duties of the other job and compare to his regular job; [4] Compare the job duties with any medical restrictions as outlined on the medical certification form."

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