Legal Question in Medical Leave in Ohio

Re: Unpaid Overtime to Catch up on Work that Piles up During FMLA Leaves

Depending on your position, what you have is not an FMLA problem but a Fair Labor Standards Act issue.

The FMLA provides that during your leave your job is protected-nothing more, nothing less. This means that you cannot be fired for taking leave or have your job given to someone else while you are away. It does not create any other special protections for pay or anything else.

At the same time, the Fair Labor Standards Act (FLSA) provides that if you are a non-exempt employee and you work over 40 hours in a workweek, then you must be paid overtime for that work. If the overtime is not paid, then the employer has committed a violation of the FLSA.

If you would like more information about the FLSA and whether you are exempt, you can check out my website, www.memphisemploymentlawyer.net or you can check out the Department of Labor's website at www.dol.gov. If you would like to discuss this matter in more detail, you can contact me at [email protected].