Legal Question in Medical Leave in Michigan
fmla and overtime pay
Upon calling my employer for a fmla day 2 days ahead of schedule, they informed me that I would be taken off schedule for the day I would be off from work and replaced with someone who would do my job for me. Later on I found that my employer has given me fmla but kept me on schedule I feel that this is in order to keep from paying me overtime for saturday and sunday pay. Our companies rule is to pay overtime if a person has worked all scheduled hours during a 40 hour week. Then sat and sun hours are considered to be overtime hours. Is this legal? If not, what can I do about it?
1 Answer from Attorneys
Re: fmla and overtime pay
Under federal law, unless you actually have worked more than 40 hours during the seven consecutive day workweek, then you are not entitled to overtime wages. I did not read your question to be worded clearly on the background facts of what happened, but it does not appear as if you are stating that you have actually done the work. If that is the case, then you may not be entitled to overtime pay, regardless of FMLA status.
FMLA is a leave protection statute. It does not guarantee any pay. Rather, it guarantees that during the time you are on FMLA leave, your employment cannot be terminated.
You will also want to consult with an attorney in your area as you may have some rights under state law which may be different than your federal rights.
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