Q. Can an employer deduct or count overtime hours from an employee’s
A. Yes, overtime hours not worked may be deducted from an employee’s FMLA entitlement leave under certain circumstances.
The regulations provide that “[i]f an employee would normally be required to work overtime, but is unable to do so because of an FMLA-qualifying reason that limits the employee’s ability to work overtime, the hours which the employee would have been required to work may be counted against the employee’s FMLA entitlement.” 29 C.F.R. § 825.205(c)
Voluntary overtime, however, may not be counted against the employee’s entitlement.
- Uncomplicated flu may not be covered by FMLA
- Collecting unpaid health insurance premiums after FMLA leave
- Make sure employee handbook supports compliance with leave laws
- How to make sure you wind up in court: Block worker's return from medical leave
- If you violate FMLA, prepare to pay employee's attorneys' fees, too