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Q: Are military members allowed to get another job on the side? If so, what would need to be done to get it approved?
A: If you’ve ever had financial trouble, you’ve probably thought about picking up an extra job to help make ends meet. It’s a relatively common question that comes up in the office: Can military members work an extra job?
Like all legal questions, the answer is going to depend on the details, but if this is something you want to consider doing, there is a proper way to do it. According to federal regulations, Department of Defense personnel may engage in outside employment or be self-employed outside the workplace. However, there are a number of things to consider and a few criteria your new job will need to meet.
First, there can be no interference with official duties. A job would be considered as an interference if it requires you to do something that is prohibited by statute or by a military regulation; requires you to be disqualified from matters central to the performance of your military duties; requires you to use government resources or official time; or brings discredit upon the government or the branch of service.
Essentially, if your new job would negatively impact your ability to accomplish your mission, pay you for something you were required to do by the military already, require you to use government property or work during the duty day, or make the government look bad, you’ll have to find something else.
Additionally, there can be no conflicts of interest. A conflict of interest generally means being on both sides of a situation. For example, if you work in the motor pool and are often asked what type of machine parts need to be ordered to make repairs, you could not also work for a government contractor that was trying to sell the military one of those machine parts.
In that situation your loyalty would be split between your civilian and military duties, and that is not allowed. Even if there isn’t an actual conflict, the law would prohibit you from taking a job if there was even an appearance that a conflict might exist.
Lastly, there are a few specific prohibitions. First, you cannot hold another job within the federal government because, as service members, we are technically “on call” 24 hours a day. This prohibition does not include military personnel on terminal leave pending separation under honorable conditions.
Second, if you are a financial disclosure filer, you will need special approval before getting a job at certain organizations.
Third, you are also not allowed to represent or advocate for anyone in a legal or administrative proceeding that involves the government as a party.
Fourth, certain senior level government employees may have other requirements before they can take on outside work.
There may also be additional requirements dealing with your specific situation, so check with a Judge Advocate General or an ethics counselor before moving forward.
If you want to work on the German economy, there may be additional requirements including registering with various agencies or obtaining certain permits. Your SOFA status, and the protection from host nation taxation it offers, usually only applies to your “primary” job. If your second job involves working off post, you might wind up having to pay German taxes on the income you earn from that job. Even if your second job is exclusively on post, you may still have to pay German taxes depending on the type of work that you are doing and how much you make doing that work.
You should always obtain commander approval before picking up an extra job. Commanders do have the final say and can prohibit certain outside employment if they feel it will detract from readiness or pose a security risk. It is also always a good idea to ensure your chain of command knows what is going on and that there are no local policies that prohibit outside employment. If you have any questions about your specific situation, make an appointment with your local Legal Assistance Office. We’re happy to help.
Editor’s note: This article is for general information only and does not constitute legal advice or create an attorney-client relationship. You should always consult an attorney for specific legal questions.
