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Oct16

Mandatory Overtime while on FMLA

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Can an employee who is already on intermittent FMLA leave for a loved one be forced to work mandatory overtime?

Yes, you can impose the same job requirements on an employee on interemittent FMLA that you do on any other employee — including mandatory overtime. However, in the 2009 FMLA regulations, the U.S. Department of Labor has ruled that the employee can use hours of FMLA specifically to avoid overtime.

Example: Tina is on FMLA. Her employer requires employees to work 50 hours per week. Tina uses 10 hours of FMLA per week, to reduce her work hours to 40 per week. Tina can use this FMLA even on a day when she works, to leave *early.*

Any employer can make overtime mandatory. Obviously, you do not want to schedule this way to punish the employee on FMLA — that would be unlawful. But as long as you are not singling this one employee out for mandatory overtime, this is lawful.  

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This entry was posted on Friday, October 16th, 2009 at 6:11 am and is filed under
Attendance Management, Human Resources Management.
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