While a company could prohibit employees on paid or unpaid leave from working for another employer, it can’t specifically prohibit employees from moonlighting while the individual is on leave under the Family and Medical Leave Act, according to speakers from the U.S. Dept. of Labor at an HEC seminar on June 23.

Min Kirk and Jamika Lopez, investigators with the DOL’s Wage & Hour Division covered the new FMLA rules for companies with 50 or more employees. They clarified that the rules prohibit treating FMLA leave more stringently than other forms of leave. The speakers also said that although the company may recover medical premium payments owed by an employee returning from FMLA leave, it should make sure that the deduction does not bring the employee’s wages below the legal federal minimum wage (currently $6.55 per hour, will increase on July 24 to $7.25 per hour).