If miss some scheduled OT is that counted under FMLA?

heather1027

If the employee meets the eligibility criteria of 1 year, with 1250 hours and 50 employees and also has a serious health condition, but only needs to miss time which is scheduled overtime would that constitute FMLA leave?  This employee only needs to miss a few hours, a few times a week and they would have satisfied the 8 hour workday already by the time they needed to leave.

1. Would you complete FMLA paperwork?
2. Would it count against their FMLA bank?

Thanks!

 

NYGiants

In the 2009 final FMLA regulations, the DOL has clarified that missed overtime must be counted against the employee’s FMLA leave entitlement if the employee would otherwise have been required to report for duty, but for the taking of FMLA leave.  The example in the final regulations states:

An employee would normally be required to work for 48 hours in a particular week, but due to a serious health condition, the employee is unable to work more than 40 hours that week, the employee would utilize 8 hours of FMLA-protected leave out of the 48-hour workweek (8/48 = 1/6 workweek).

Voluntary overtime hours that an employee does not work due to a serious health condition may not be counted against the employee’s FMLA leave entitlement.  So - I would complete FMLA paperwork if the employee would have been required to report for duty during those hours and would count it against the FMLA leave bank.

heather1027

Thank you so much for the information!