Can i work overtime while on fmla

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In Hernandez v. Bridgestone Tire , the employee was approved to take intermittent time off under the FMLA to care for his son who suffers from asthma. His leave entitlement was based on his fixed work schedule at 42 hours a week as a tire-builder, although he would occasionally be offered overtime. The employee exhausted his FMLA entitlement two years later and was subsequently terminated.

Once the list was complete, Bridgestone would then select individuals based on seniority to fill the overtime slots. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such. The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of hours -- seven consecutive hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day.

Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. The regular rate of pay cannot be less than the minimum wage. The regular rate includes all remuneration for employment except certain payments excluded by the Act itself.

Payments which are not part of the regular rate include pay for expenses incurred on the employer's behalf, premium payments for overtime work or the true premiums paid for work on Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts on special occasions, and payments for occasional periods when no work is performed due to vacation, holidays, or illness.

Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings.