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can an employer force you to take pay for FML? Washington

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  • #16
    corection

    I have been working 10 hrs of free OT for 9 straight weeks I have seven weeks to go. what brought this situation to ahead is that I had requested this day off prior to them stakeing this claim on me. Now I learned that I cant take this day off or I will be fired even tho I have this years PTO vacation and sick days but Im being forced to work this time off without a single day off paid or unpaid sick or personal day

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    • #17
      I'm not clear, either.

      Are they saying that they will not pay you your overtime pay until you work the number of OT hours to equal what PTO they paid you?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #18
        reply

        they arent paying me at all I am working ten hrs off overtime a week for free to pay back the 160hrs

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        • #19
          No, they cannot require that.

          Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
          http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #20
            Are you exempt or non-exempt?
            If non, you must be paid for all time worked.

            But the part about being fired if you take one more day off is fine, if you've exhausted all your FML.

            Why don't you start over and explain what actually happened, and use periods, paragraphs, and commas where appropriate, and maybe we'll understand more clearly what is happening. This is like pulling teeth.

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            • #21
              It would also help if you describe your job duties. (No company names please.)

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              • #22
                Just to be clear, the employer ABSOLUTELY may require you to take paid leave instead of unpaid. That is 100% legal.

                IF there is any illegality here, it is NOT in requiring that you take paid leave, but in how they are going about the potential repayment.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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