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Question: If an FMLA-eligible employee is working no more than 40 hours per week for medical reasons, does mandatory overtime count toward her FMLA entitlement?

Answer: Yes. If the employee has a work restriction that does not allow her to work more than 40 hours per week, but the employer is requiring that she work overtime, then she does not have to work the overtime hours. The overtime hours that she was required to work but didn’t, however, will count against her annual allotment of twelve (12) workweeks of unpaid FMLA time. This presumes that the employee has provided the company with a valid medical certification which stipulates that she is restricted from working overtime due to a medical condition.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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