If the medical condition limits the employee to a 40 hour workweek but the employer assigns him to work eight hours of overtime in a week. Can he take Family and Medical Leave Act (FMLA) leave for...

Answered by Rachel Green

FMLA and overtime

Yes. Employees with proper medical certifications may use FMLA leave in lieu of working

required overtime hours. 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.

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Written 3 years ago