The Biden Administration’s Department of Labor (DOL) has issued its first opinion letter under the Family and Medical Leave Act (FMLA), taking the position that an employee with a chronic health condition is permitted to use reduced schedule FMLA leave to limit the individual’s workday to eight hours a day—at least until leave eligibility is exhausted—and thus not be required to work overtime. The opinion also reminds employers that because the FMLA provides 12 total workweeks of job-protected leave within a 12-month period, the number of total hours of protected leave available for employees who regularly work overtime will be greater than for those who regularly work a 40-hour workweek.
Members of the Center for Workplace Compliance (CWC) can read more here.