FMLA and overtime

Irie

If you have an employee who sates he cannot work mandatory overtime due to his serious health condition, and you allow him not to work the overtime (after you have received the medical certification), how do you calculate the FMLA hours? Would you use the hours that he was scheduled for overtime and apply those to his FMLA? Thanks. This is my first time with a situation like this.

drehil

Just my opinion but I think someone here is working the FMLA system a good one. Too weird..anyway, I would use FMLA for the hours scheduled but not worked. Have you thought of getting a second opinion.

Irie

With regards to a second opinion. Does the doctor have to be a neutral physician, in otherwords, could we use the doctor we normally send our work-related injuries to?

For another purpose I needed a doctor for a second opinion and could not find a physician willing to do one.

dbutton111

Interesting. I find it really odd that a doc could possibly state that an employee can work all the way up to 40 hours in a week, but not anything over that.

Anyhow, while FMLA is counted in weeks - 12 weeks in a year - you do calculate hours for intermittent based on the actual work schedule. So if someone is full time 40 hours/week, it's 480 hours in a year. If they're part time 20 hrs/wk then it's 240 hours for the year. So I would think that if this person was regularly scheduled for 48 hrs/wk they would get 576 hours for the year.

Does anyone know if OT isn't used in the calculation? Hmmm . . .