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Time spent by workers with disabilities in rehabilitative services is
not hours worked provided the services are not primarily for the purpose of
increasing job productivity. Examples of rehabilitative services are
counseling, psychological testing, mobility training, medical treatments,
personal care, physical therapy, occupational therapy, recreation and physical
exercise. In addition, time spent receiving training in life skills or general
vocational training is not hours worked.
This is the U.S. Department of Labor’s position whether the
services are given to a group of workers or to individual workers, and whether
given at scheduled times or at irregular intervals.
The burden of identifying and segregating on time records the time spent
in rehabilitative services from hours worked rests with the employer.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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