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    Need Advice about Overtime

    So, I've only been Dx'd for 20 days. It's been 7 weeks since I had this "flare" that brought me here.

    My most problematic system is fatigue! My butt is dragging. It's taking everything I have to go to work. I sleep in my car pool on the way to and fro when I'm not driving. I nap the moment I get home until dinner, then I shower and go to bed; wake the next morning and do it all over again.

    I have been sleeping most of the weekends away trying to recover from working the previous week. Needless to say, it's exhausting, frustrating and depressing.

    Now, there's a project at work that my boss wants to require overtime. There is no way I can work more, none, not happening. I have my FLMA paperwork getting filed and the question is, does anyone have a limit of full time (40 hours/week) on their paperwork?

    Will my job be protected if I physically CAN'T work overtime? I'm not disabled by my symptoms, just exhausted!

    Thanks.

    #2
    I know that a doctor can say that you can only work part time and so, I think it is logical to reason that a doctor can also specify the maximum number of hours as well. Ask your doctor before sending in the FMLA papers to the employer. Doctors have a lot of leeway in how they write a letter.

    Comment


      #3
      The rules and regs governing this are going to be a mix of federal, state and local law. (Some cities also regulate employment) If you know an hr professional you could get some of the information there. Otherwise I would ask a local lawyer. Legal aid can probably give you a referral if you need financial help.

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        #4
        I don't believe State, local or municipal employment laws would supersede federal employment laws, like FMLA. Federal employment laws and regs 'typically' trump state, local and/or municipal employment laws.

        In states with 'right to work' laws, an employee can be fired 'at will' of the employer without a 'legitimate' reason, infraction or cause by the employee.

        Once an employee invokes FMLA employment protection, even in right to work states, employment is protected under the terms of FMLA, for 12 weeks annually for eligible employees.

        Another example, if the terms of employment are based on a '40hr work week, plus periods of manditory over time', FMLA would protect employment status for both working less than 40yr and manditory OT, assuming medical limitations are specified by employee's physician.

        The employer could offer a different position with equal pay/benefits as employee's hourly salary would have earned at the reduced work schedule, but employment status is protected.

        Most local chapters of the NMSS offer FMLA advice and legal referrals.

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          #5
          Just saying that you need a local legal referral.

          State law does not trump federal law, (except when it does) but the relationship is complex. Each circuit will have different interpretations of federal statutes. And state laws and local regs can and do cover things and guarantee rights that federal laws don't.

          Good luck.

          Comment


            #6
            Good advice to check with an attorney locally. Federal law generally trumps state and local law as a minimum requirement, that is, an employer must give you the equivalent of 12 (unpaid) weeks as required by FMLA. But state and local law might require your employer to be more generous.

            In many venues, an employer can fire you for no reason or any reason, and certainly can fire you for being "unable to do the job." And if your job description says you must be able to work 40 hours per week plus some overtime, FMLA might not go very far.

            When I know I will have to work late, I take an extra Provigil at lunch time, and that carries me through OK.

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              #7
              Thanks for the replies

              Looks like I actually am covered by my union agreement. How about that!

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                #8
                Limiting hours

                My doctor put right on my FMLA paperwork that I was limited to certain work hours.

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