Sick employee wants less overtime? Consider that a request for intermittent FMLA leave

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Like many employers, you may have lots of work, but you’re still wary of bringing on more em­­ployees. Requiring existing employees to work mandatory overtime is perfectly legal. Note, however, that some who have FMLA-qualifying conditions may object, based on medical restrictions.

When that happens, consider their request for reduced or no overtime as a request for intermittent FMLA leave. Then reduce the required overtime to meet the employee’s medical restrictions. In short, you can subtract FMLA leave from overtime hours you scheduled for all employees doing the same job.

Warning: Don’t try to “create” artificial overtime for a disabled em­­ployee so she’ll be forced to use up her FMLA entitlement. That’s especially true if no one else is required to actually work overtime. Such a tactic will backfire.

Recent case: Tracy worked for Nott Company as a sales representative. A few years after being hired, she was diagnosed w...(register to read more)

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