fmla and overtime

[wondermite]

i have a fmla FORM APPROVED TO TAKE my wife to the doctor under her workers comp. doctor visits when i miss a few hours during the work wk. and if we work on sat. which is not normal the company wants to say i cant recieve overtime for that day unntill 40 hours are performed. i thought fmla rules state that you cant be penalized.

[OrganizingAdvocate]

Hi wondermite,

I hope your wife is feeling better.

I regret to say that it is my understanding that time paid from a sick leave account, vacation account or other account while under the Family Medical Leave Act does not count for purposes of computing overtime (unless your union contract specifically states that time off while on FMLA DOES count for purposes of computing overtime).

You may be able to locate more information on this matter here: http://dol.gov/esa/whd/fmla/

Fraternally,

Dustin
OrganizingAdvocate
Unions.org

[wondermite]

even though our contract says you must work the day before and after a holiday the company still pays if you miss one of the days under fmla because you cant be penalized under the fmla also if you miss a day during the week and must work sat. the contract says you must work all schelduled hours during the week if we work sat. to get overtime. but why would the company not follow up on overtime but they pay for holiday. i thing if you are not to be penalized for missing work under fmla it goes for anything.