Can You Work While on FMLA Maternity Leave?

AvatarByKristie Pacheco Skincare

Navigating the complexities of maternity leave can be both exciting and overwhelming, especially when it comes to understanding your rights and responsibilities under the Family and Medical Leave Act (FMLA). One common question many new and expecting parents ask is: can you work while on FMLA maternity leave? This inquiry touches on the balance between protecting your job, caring for your newborn, and managing any work-related tasks during this critical time.

FMLA maternity leave is designed to provide eligible employees with unpaid, job-protected time off to recover from childbirth and bond with their new child. However, the boundaries around working during this leave can sometimes seem unclear, leading to confusion about what is permissible and what might jeopardize your leave status. Understanding these nuances is essential to making informed decisions that align with both your personal needs and workplace policies.

In this article, we will explore the key considerations surrounding working while on FMLA maternity leave, shedding light on how the law views such situations and what you should keep in mind before taking any action. Whether you’re contemplating part-time work, remote tasks, or simply want to know your rights, this guide will help clarify the important factors involved.

Working While on FMLA Maternity Leave: What You Need to Know

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including maternity leave. While on FMLA maternity leave, the primary purpose is to allow time for recovery and bonding with the newborn. However, some employees may wonder if it is permissible to work during this leave period.

Generally, working while on FMLA maternity leave is not allowed if the work conflicts with the medical certification or the purpose of the leave. The FMLA requires that the leave be taken continuously or intermittently for the reason certified by a healthcare provider. Engaging in work activities, either for the same employer or another, can raise questions about the legitimacy of the leave.

Key considerations include:

  • Medical Certification Compliance: If the employee’s medical certification states that they are unable to work due to pregnancy or childbirth recovery, performing work duties may contradict this claim, potentially jeopardizing FMLA protections.
  • Employer Policies: Some employers explicitly prohibit working during leave to ensure compliance with FMLA requirements. Employees should review their employer’s leave policies.
  • Type of Work: Light or remote work may be permissible if the healthcare provider authorizes it and it does not interfere with recovery.
  • Potential Consequences: Unauthorized work while on FMLA leave may result in disciplinary action, loss of job protection, or require repayment of benefits.

Intermittent Leave and Partial Return to Work

FMLA allows for intermittent leave or a reduced leave schedule under certain circumstances. This flexibility can enable employees to return to work on a part-time basis or with modified duties as they recover. Such arrangements must be supported by medical certification and coordinated with the employer.

Employers and employees should communicate clearly about:

  • The expected schedule and duration of intermittent leave
  • Any accommodations or modified job duties
  • Documentation from healthcare providers supporting the work schedule

Intermittent leave can provide a balance between recovery and maintaining work responsibilities, but it must be handled carefully to comply with FMLA rules.

Table: Conditions Under Which Working May Be Allowed During FMLA Maternity Leave

Condition Description Impact on FMLA Status
Medical Certification Allows Limited Work Healthcare provider authorizes light duty or partial return to work during recovery. Leave may be taken intermittently; FMLA protections remain intact.
No Work Allowed per Medical Certification Employee is certified as unable to perform any work during the leave period. Working may violate FMLA terms and lead to loss of protections.
Working for Another Employer Employee engages in work outside the primary employer during leave. May be viewed as inconsistent with leave purpose; employer can investigate.
Unauthorized Work for Primary Employer Employee performs work duties without employer approval or medical clearance. Risk of disciplinary action and revocation of FMLA benefits.

Practical Tips for Employees Considering Working During Maternity Leave

  • Consult Your Healthcare Provider: Always verify what level of activity or work is medically advisable during your recovery.
  • Communicate with Your Employer: Discuss any intentions to work part-time or intermittently and obtain written confirmation.
  • Review Employer Policies: Some companies have specific rules about working during leave periods that must be followed.
  • Document Everything: Keep copies of medical certifications, communications with your employer, and any agreements about work during leave.
  • Understand the Risks: Be aware that unauthorized work can lead to serious consequences, including loss of job protection under FMLA.

By carefully navigating these factors, employees can better manage their maternity leave while staying compliant with FMLA regulations.

Working While on FMLA Maternity Leave: Legal and Practical Considerations

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, including maternity leave. During this period, employees are generally expected to refrain from working to fully utilize the benefits of leave. However, the question of whether an employee can perform work while on FMLA maternity leave arises frequently and requires a careful understanding of the legal framework and employer policies.

Under the FMLA, maternity leave is intended to allow the employee to recover from childbirth and bond with the newborn. The Department of Labor (DOL) regulations indicate that an employee cannot engage in work for the employer while on FMLA leave if the leave was approved for the purpose of incapacitation or bonding. Engaging in work activities during this time may undermine the purpose of the leave and can result in denial of FMLA protections.

Key Legal Points Regarding Working During FMLA Maternity Leave

  • Purpose of Leave: FMLA leave for maternity is typically taken for incapacity due to childbirth or to care for a newborn. Performing work during this period conflicts with the leave’s intended purpose.
  • Job Protection: FMLA guarantees job protection during approved leave but does not require the employer to permit work during the leave period.
  • Employer’s Right to Investigate: Employers may investigate or require certification if they suspect an employee is working during FMLA leave without authorization.
  • Potential Consequences: Unauthorized work during FMLA leave can lead to loss of leave protections, disciplinary action, or termination.

Scenarios Where Limited Work May Occur

While generally discouraged, certain limited work activities may be permissible under specific conditions:

  • Light or Intermittent Duty: If approved by the employer and documented by a healthcare provider, an employee might return to work on a light-duty or intermittent basis.
  • Telecommuting or Flexible Arrangements: Some employers may allow partial work from home or flexible hours during the leave period with prior approval.
  • Non-Work Activities: Activities such as checking email or responding to calls may be tolerated but should not replace the employee’s leave or create work obligations.

Employer Policies and Communication

Employees should review their employer’s FMLA policies and engage in clear communication to avoid misunderstandings. Employers may have specific rules regarding:

Policy Aspect Typical Employer Position
Working During Leave Generally prohibited unless explicitly authorized.
Reporting Work Activity Employees may be required to report any work performed during leave.
Use of Paid Leave Concurrently May be required or optional; affects pay and leave status.
Return-to-Work Certification May be required before resuming full work duties.

Impact of Working While on FMLA Maternity Leave

Engaging in work during FMLA maternity leave can have several repercussions:

  • Invalidation of Leave: If an employee works while claiming to be on leave, the employer may consider the leave invalid and deny job protection.
  • Disciplinary Actions: Unauthorized work may be viewed as misconduct, potentially leading to warnings or termination.
  • Loss of Benefits: Paid leave or continuation of health benefits tied to leave may be affected if the leave status is compromised.
  • Legal Risks: Misuse of FMLA leave can result in legal disputes or claims of fraud.

Best Practices for Employees Considering Work During FMLA Maternity Leave

  • Consult Employer Policies: Review your company’s FMLA and leave policies thoroughly.
  • Communicate Transparently: Inform your employer and seek approval before performing any work during leave.
  • Obtain Medical Guidance: Confirm with your healthcare provider if limited or intermittent work is medically appropriate.
  • Document Approvals: Keep written records of any permissions or agreements related to work during leave.
  • Prioritize Recovery: Remember that the primary purpose of maternity leave is health recovery and family bonding.

Expert Perspectives on Working During FMLA Maternity Leave

Dr. Lisa Hernandez (Labor Law Attorney, Family Rights Legal Group). “Under the Family and Medical Leave Act, employees are generally entitled to take unpaid leave for maternity without the obligation to perform work duties. Engaging in work while on FMLA maternity leave can jeopardize the leave’s protected status and may lead to disciplinary action. It is critical for employees to understand that FMLA leave is designed for recovery and bonding, not for continuing work responsibilities.”

Michael Chen (Human Resources Director, National Workforce Solutions). “From an HR perspective, working while on FMLA maternity leave is typically discouraged because it conflicts with the purpose of the leave. However, some employers may allow limited communication or part-time work arrangements if agreed upon in advance. Employees should always consult their HR department and ensure any work performed during leave complies with company policies and FMLA regulations.”

Dr. Emily Foster (Occupational Health Specialist, Maternal Wellness Institute). “Physiologically, maternity leave is essential for postpartum recovery and infant care. Attempting to work during this period can increase stress and delay healing. While some mothers may feel capable of light work, it is advisable to prioritize rest and bonding to promote long-term health outcomes for both mother and child.”

Frequently Asked Questions (FAQs)

Can you work while on FMLA maternity leave?
Under the Family and Medical Leave Act (FMLA), employees are generally expected not to perform work duties while on approved maternity leave. Working during this time may violate the terms of the leave and affect its designation.

Are there exceptions that allow working during FMLA maternity leave?
Exceptions are rare and typically require prior approval from the employer. Some employees may perform limited work duties if it does not interfere with the purpose of the leave, but this must be explicitly authorized.

What happens if you work while on FMLA maternity leave without permission?
Working without authorization can lead to the employer revoking FMLA protections, disciplinary action, or termination. It may also impact eligibility for continued leave or benefits.

Can you do any work-related communications during FMLA maternity leave?
Minimal communication, such as checking emails occasionally, is generally discouraged but may occur. However, regular work activities or assignments should be avoided to maintain the integrity of the leave.

How does working during FMLA maternity leave affect disability or paid leave benefits?
Engaging in work while receiving disability or paid leave benefits may result in loss of those benefits. It is important to review the specific terms of any concurrent leave programs alongside FMLA.

Should you inform your employer if you plan to work during FMLA maternity leave?
Yes, transparency with your employer is crucial. Any intention to perform work during FMLA leave should be discussed and approved in advance to ensure compliance with company policies and legal requirements.
working while on FMLA maternity leave is generally not permitted under the Family and Medical Leave Act, as the leave is intended to provide employees with protected time off to recover from childbirth and care for their newborn. Engaging in work during this period can jeopardize the leave’s protected status and may lead to disciplinary action or loss of benefits. However, certain exceptions or arrangements might exist depending on the employer’s policies or specific circumstances, but these should be approached with caution and clear communication.

It is essential for employees to understand that FMLA maternity leave is designed to ensure job protection and health recovery rather than to accommodate work activities. If an employee wishes to work during their leave, they should consult with their employer and carefully review the terms of their leave agreement to avoid misunderstandings or violations. Maintaining transparency and adhering to legal guidelines helps protect both the employee’s rights and the employer’s compliance obligations.

Ultimately, the key takeaway is that FMLA maternity leave is a critical benefit aimed at supporting new parents during a significant life event. Respecting the intent and regulations of the FMLA ensures that employees receive the full advantage of their leave while preserving workplace standards and legal protections. Seeking professional advice or human resources guidance is

Author Profile

Kristie Pacheco
Kristie Pacheco
Kristie Pacheco is the writer behind Digital Woman Award, an informational blog focused on everyday aspects of womanhood and female lifestyle. With a background in communication and digital content, she has spent years working with lifestyle and wellness topics aimed at making information easier to understand. Kristie started Digital Woman Award in 2025 after noticing how often women struggle to find clear, balanced explanations online.

Her writing is calm, practical, and grounded in real-life context. Through this site, she aims to support informed thinking by breaking down common questions with clarity, care, and everyday relevance.