FMLA and Overtime
Can an employee with approved intermittent FMLA after working his regular 8 hours, deny required overtime hours using FMLA as a reason?
Yes. This was specifically addressed in the FMLA Final Regulations that went into effect in January 2009.
An employee can use his or her intermittent FMLA to avoid overtime hours, even mandatory overtime hours. However, obviously, there is a limit on how many hours of FMLA an employee has. Once that limit is reached, the employee must work overtime or face termination.
Example: Tina is approved for intermittent FMLA (for whatever reason.) Tina is scheduled to work 60 hours spread over 5 days per week. Instead, Tina works 40 hours per week (over 5 days) and uses 20 hours per week of FMLA. This is a perfectly legitimate use of FMLA under the new regulations.
Tags: 40 hours, avoid, FMLA, intermittent, mandatory, overtime, work
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July 24th, 2009 at 8:22 am
HI I CALLED ON MY JOB JULY 3 ON FMLA I ALREADY HAD WORKED OVER TIME THAT WEEK MY COMPANY DONT WANT TO PAY ME MY OVER TIME AND MY HOLIDAY WICH IS JULY 4.I WAS TOLD THAT UNDER FMLA EVERY THING IS EXCEMT IS TRUE SO I CAN TALKED WITH MY BOSS I THINK I SHOULD GET PAY THEY SHOUD NOT HOLD NOTHING AGINST NO ONE UNDER THE FMLA.THANK YOU PLEASE SEND ME AN ANSWER.
July 24th, 2009 at 9:55 am
Hi jorge! You are 50% right. Under federal law, an employee is entitled to overtime when he or she works more than 40 hours in the payroll week. So if you worked 45 hours plus took one day of FMLA, you would be entitled to 5 hours of overtime. But if you worked 38 hours and took one day of unpaid FMLA, you are not entitled to any overtime, because you did not work more than 40 hours.
Under the new 2009 FMLA regulations, an employee who uses intermittent FMLA for a portion of the payroll week is entitled to holiday pay. An employee who used FMLA for the entire payroll week would not be entitled to holiday pay. This is enforced by the US Department of Labor. HTH, and thanks for reading the blogs!~ Caitlin