Can I use my fmla to refuse mandatory overtime ?

I came into work at 3:45pm and at that time I informed my sergeant that I cannot stay for mandatory overtime. He came to me at 6:15pm and mandated me stating he didn’t have anyone. I have a mother who is home alone and cannot help herself. God forbid if a fire breaks out or she gets sick.

1 answer  |  asked Dec 16, 2018 7:31 PM [EST]  |  applies to New York

Answers (1)

Charles Joseph
The Family and Medical Leave Act (FMLA) provides job protection for eligible employees that can be used for their own serious health condition or to care for an immediate family member with a serious health condition.

Unfortunately, if the reason for the leave is not a serious medical condition but that you do not like to leave your mother alone in the evenings, your FMLA request probably could be legally denied.

You can read more about the FMLA at

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted by Charles Joseph  |  Dec 19, 2018 11:37 AM [EST]

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