AFSCME Iowa Council 61 - Every Day. Everywhere. Making Iowa Better.

Ask Our Attorney Mark Hedberg: FMLA and Overtime

Mark Hedberg

By Mark Hedberg

If an employee would normally be required to work overtime but is unable to do so because of FMLA-qualifying reasons, “the hours which the employee would have been required to work may be counted against the employee’s FMLA entitlement” (i.e., counted as intermittent or reduced schedule leave, as applicable). However, an employee’s inability to perform voluntary overtime hours may not be counted against an employee’s FMLA leave entitlement.

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