My medical condition limits me to a 40 hour workweek but my employer has assigned me to work eight hours of overtime in a week. Can I take FMLA leave for the overtime?
Yes. The current and proposed regulations both allow employees with proper medical certifications to use FMLA leave in lieu of working required overtime hours. The preamble to the proposed regulations clarifies that the hours that an employee would have been required to work but for the taking of FMLA leave can be counted against the employee’s FMLA entitlement. Employers must select employees for required overtime in a manner that does not discriminate against workers who need to use FMLA leave.
Related Questions
- My medical condition limits me to a 40 hour workweek but my employer has assigned me to work eight hours of overtime in a week. Can I take FMLA leave for the overtime?
- May an employer require periodic updates when an employee is on extended leave because of a medical condition?
- What should I do in case of a medical condition needing attention after normal clinic hours?
