Knowledgebase-Overtime in Winchester

Information Product

Title:Overtime in Winchester
Summary:The City of Winchester is authorized to require its workers to work overtime unless the requested overtime would cause a city to violate a Federally protected right, such as FMLA leave.
Original Author:Darden, Don
Product Create Date:08/31/2001
Last Reviewed on::05/02/2017
Subject:Personnel--Administration; Personnel--Compensation; Personnel--Laws and regulations; Personnel--Schedules and shifts
Original Document: Overtime in Winchester.pdf

Reference Documents:

Text of Document:
August 31, 2001

Dear City Official:

In response to your question about the City requiring its employees to work overtime, please be advised that the city is authorized to require its workers to work overtime, except in those situations where the required overtime would cause the city to violate a Federally protected right. In other words, if the city requires a paid firefighter to work overtime when he/she has requested time off under the provisions of either the Americans with Disabilities Act or the Family Medical Leave Act, the required overtime would not be legal. This, of course, assumes that the request for FMLA leave is legitimate.

Please contact me if I may provide additional information.


Don J. Darden
Municipal Management Consultant

cc Ray Crouch
Richard Stokes