Under what conditions could I still be paid overtime while under intermittent leave under FMLA?
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Under what conditions could I still be paid overtime while under intermittent leave under FMLA?
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I live in TX and I am a salaried, non-exempt employee, who works 8-5 M-F. Recently, I was accepted as being eligible for FMLA coverage where I may use the leave on an intermittent basis. What I want to know is will I still be paid overtime at any point?
1. Will I still be paid overtime if during any given week I have taken no time off for FMLA or anything else and work more than the 40 hours that week?
2. If I do take time off under FMLA, would that time count towards the 40 hours required before overtime begins?
3. If I take a few hours of FMLA time, but on my own initiative work that same amount extra by staying late, etc, and then in that week, end up working more than 40 hours, not including leave time, will I be paid overtime?
4. Can my company deny my requests to volunteer for overtime, even while they are approving every other request by co-workers? Can they deny it if I have used FMLA leave during a specific week?
Any sources to back up info are much appreciated.
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michr
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1. YES if you actually WORK more then 40 hours.
2. leave paid or unpaid is not work hours and does not count toward the number of hours worked each week
3. if you work over 40 hours then you are paid overtime
4. yes hours, scheduling, raises etcetera are all at the discretion of the employer.
for info about overtime:
http://www.dol.gov/compliance/topics/wages-overtime-pay.htm
as an added note you can take FMLA as needed it does not have to be used all at once as Sherry C erroneously answered.
for info about FMLA:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm |
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Judy
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They are required by federal law to pay you overtime any week that you actually work over 40 hours in the week. Time off for FMLA leave or any other reason, paid or unpaid, does not count toward the 40 hours.
The company does not have to allow you to work overtime. It doesn't matter what other requests they are approving or not - they are allowed to set your work hours. |
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Jupiter Ceasar Leprechaun II
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My understandin is that if u work more then 40hrs u get overtime period and that fmaa is a right and they cant punish u for using it |
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Clark L
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Fmla inures you have a job after you return.from a family emergency.you don,t get paid for taking fmla.its not income insurance it insures you have a job when you return.unless your employer choose,s to give you paid time off.its not vacation or sick leave.plus all employees working in the united states are eligable for fmla its fed law.. |
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Sherry C
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Clark L is right, you don't get paid for FMLA. When I was in H.R. you would use up all vacation and any other leave before you could take FMLA. This insured that you still got some wages while you were out. Also a medical note from your doctor or spouses, child's, etc,. doctor will be needed.
You can't take a few hours of FMLA, at a time. You have up to 12 weeks at a time in a one year period. |
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