FMLA deducted hours for 40 hour disabled employees

My employer recently announced that if any employee who is diabled, and can only work a 40 hour work week, will now have their FMLA hours deducted when OVERTIME is a mandatory requirement.

Basically if on a Thursday and Friday it is required to work 2 hours overtime each day, and a physically restricted employee can only work a 40 hour week, they will have 4 HOURS deducted from their FMLA hours.

Is this legal to do or is this a loop hole that my employer has found in the FMLA law?

1 answer  |  asked Nov 6, 2005 9:43 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
overtime

it is legal to deduct mandatory overtime not worked from the fmla twelve-week allotment as fmla leave, if it is required for the employee to recover from a serious medical condition. equally true is that mandatory ot counts toward the required hours necessary in any twelve-month period to qualify for leave. the employee continues to accrue new leave as she works the regular hours. ordinarily this hsould not result in any serious diminution of the leave allotment.
if the condition is chronic and the fmla leave is exhausted, however, the ee may be entitled to relief from the mandatory ot as a reasonable accommodation of her disability. you need to consult with an attorney experienced in employment law to know your rights. you can find one in your area at www. celaweb.org.
janet m. koehn

posted by Janet M. Koehn  |  Nov 7, 2005 4:04 PM [EST]

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