Legal Question in Medical Leave in Ohio
Overtime Denied
I am a full time employee for a major corporation. My department is offered overtime weekly to work 4 hours each Saturday. Beacause I have called out for FMLA a few times, I was told by our Vice President that I can no longer work overtime on Saturdays because it ''messes up the department budget''. I was told I could, however, work overtime during the week if I needed to, but would need to advise her of what days I would stay late. Is this discrination against me because I have FMLA?
1 Answer from Attorneys
Re: Overtime Denied
The facts you have described appear to state a claim for an FMLA violation. Under the FMLA, employers are not permitted to discriminate against employees who take FMLA leave. Denying you an opportunity to work the same overtime hours as other workers because you used your FMLA leave appears to be unlawful discrimination. Some doubt about this conclusion exists, however, because you suffered no economic loss. Perhaps more importantly, even if your employer did violate the FMLA, you are not likely to be entitled to recover any monetary award because you apparently have suffered no monetary loss.
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