Employer Law Blog
August 14, 2016
FMLA Update: Critical Analysis of Voluntary Overtime Becoming Mandatory for Calculating Intermittent FMLA Leave Benefits
Recently, in Hernandez v. Bridgestone Americas Tire Operations, LLC, the U.S. Court of Appeals for the Eighth Circuit held that where overtime is considered mandatory an employer may deduct missed shifts from an employee's allotted intermittent leave allotment under the Family and Medical Leave Act of 1993 (FMLA), but that the employer must also include mandatory overtime hours when calculating an employee's total FMLA-leave allotment. Failure to do so constitutes an FMLA interference claim.