8th Circuit: Leave During Overtime Hours Must Be Deducted From Entitlement
(August 8, 2016, 1:53 PM EDT) -- ST. LOUIS — In a case where a worker’s overtime hours were mandatory, hours missed for Family and Medical Leave Act (FMLA)-qualifying reasons must be deducted from the worker’s FMLA leave entitlement; however, those overtime hours should be included when calculating the worker’s total FMLA-leave allotment, an Eighth Circuit U.S. Court of Appeals panel ruled Aug. 4 (Lucas Hernandez v. Bridgestone Americas Tire Operations LLC, Nos. 15-2042 and 15-2428, 8th Cir.; 2016 U.S. App. LEXIS 14348).