Can an employer count missed overtime hours against the employee’s FMLA entitlement?
Yes, if an employee would normally be required to work overtime, but is unable to do so because of an FMLA-qualifying reason that limits his/her ability to work overtime, the hours which the employee would have been required to work may be counted against the employee’s entitlement (e.g., employee normally would be required to work 48 hours, but due to a serious health condition, can only work 40 hours. The employee would use 8 hours of FMLA-protected leave). Voluntary overtime hours that an employee does not work due to the FMLA reason may not be so counted. For more information, contact human resources or your union representative.
Related Questions
- If an employer fails to tell an employee that leave has been designated as FMLA leave, can the employer count the leave against the employees FMLA leave entitlement?
- If an employer fails to tell an employee that the leave is FMLA leave, can the employer count the leave against the employee’s 12 week FMLA leave entitlement?
- Under what circumstances is leave designated as FMLA leave and counted against the employee s total entitlement?
