FMLA and Overtime

LindaS

Our current collective bargaining agreement states that any hours worked on Saturday are automatically paid and time and one half, regardless of the amount of hours worked during the week. It also says that management can deny OT to a person who has not worked all their scheduled hours within a week.

I have an employee who was gone yesterday and again today on FMLA leave (intermittent). The department she works in has voluntary OT for tomorrow. Do I have a responsibility to contact her and let her know about the OT since she wasn't here when the decision was made or can I just leave it alone since she wasn't here?

As you can imagine, the supervisor of the department is upset about this as he had to put someone else on her job for the past two days and now has the possibility of having to tell that person "no" to the OT and pay her time and one half when she wasn't here all week.

Your help is appreciated.

POPEYE

LindaS - I do not have the CBA to worry about but I think you have answered your own question in previous posts. If you had a non-FMLA qualifying EE out for two days and was not aware of the OT for Sat., would you contact them? Consistency!!!

Don D

I agree with Popeye. Surely it is not your practice to call people at home to notify them of Saturday work when they are out on Friday. She is not considered to have worked those hours she was off on FMLA. You cannot use the FMLA against her in an attendance or rewards process; but, unless your contract states so, she would be one of the persons your policy allows you to deny overtime to.

LindaS

Thanks to both of you for your responses. I try to maintain consistency when dealing with these types of issues but my concern in this instance is that we, the employer, would be viewed as "penalizing" the employee for taking FMLA leave due to not offering her the OT.

I spoke with our attorney on Friday and he agreed that this may be a "close call" but felt that we would be okay in NOT contacting her regarding the OT. If the union files a grievance, the worst that would happen would be that we have to offer her the opportunity to work the OT in the same manner it was offered, Saturday. We made the decision NOT to call her and offered the OT to the person who had been working on the job.

Thanks again.