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Do you have to give compensated breaks under the FMLA?

April 17, 2018

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In a recent opinion letter administered by the U.S. Department of Labor, the determination was made that 15-minute rest breaks necessitated by an employee’s medical condition were NOT compensable, at least not all of them. Here is the situation.

FMLA covered

An employee, covered by the Family and Medical Leave Act, had a personal medical condition that they rest 15 minutes of every hour worked. In an eight hour work day that meant that the employee received eight breaks.

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