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Ask the HR Expert

May 6, 2019

FMLA Eligibility & Overtime

Courtesy SBAM Approved Partner ASE

Question: Do I have to include overtime when figuring out FMLA eligibility?

Answer: When it comes time to figure out the amount of FMLA time an employee is eligible for, employers should remember the employee’s actual workweek is the basis for determining leave entitlement.  If the employee is required to work overtime, those hours should be included in the calculation.  For example: an employee whose actual workweek is always 48 hours per week is entitled to 576 hours (12 workweeks x 48 hours per week) of FMLA leave in a 12-month period.

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