Paid leave = hours worked???

Megan · March 2002

Apologies if this issue has previously come up:

Our company considers paid leave (vacation, holidays, etc.) as "hours worked" for overtime purposes. As I understand from a legal perspective, this is optional. I'm curious about how common the practice is. Anyone?

sonny · March 2002

Former employer was a non profit with a CBA. .Paid leave counted as hours worked for the purpose of over time. Currently work for a municipality and they do not.

ritaanz · March 2002

Our policy is: For the purpose of computing overtime, sickleave and paid leave of absences (personal time)do not count as time worked. The paid holidays and vacation will count as time worked.

Hope this helps.

Carol CA · March 2002

Only Holidays count as hours worked towards overtime. Vacation, sick leave, personal time, etc. do not.

Ruskanen · March 2002

Our company used to pay all hours (vacation, funeral, holiday) counting towards overtime. We got new management a few months ago and when they heard about that policy they freaked out and put an end to it. Heaven forbid we should be too generous. (Excuse my sarcasm). Now, only the time actually worked counts towards overtime. Everything else is straight time.

HR in Okla · March 2002

FLSA doesn't require that holidays be included in overtime calculation unless the person actually works on the holiday. Pay for hours worked is just that, law doesn't require that any paid time that is not "work" doesn't have to be included. We are a 24/7 operation and have to have workers on holidays. We pay them 8 hours holiday pay, then a "premium" rate of 1 1/2 for the hours they actually work on the holiday. That's paid "up front" whether they work over 40 hours or not. If they work over 40 they also get 1 1/2 on the additional time over 40.

AnneLa · March 2002

We only count actual physical hours worked as "hours worked". Holiday, vacation, sick, etc. is not counted.

Uncas · March 2002

We count holiday hours as hours worked for overtime calculations, but do not include sick time or vacation time. We essentially apply the principle that if the employee controls the time off (eg. sick, vacation) then the hours are not included in the overtime calculation, while if the Company controls the time off (holidays) the hours are included in the calculation. We are also a 24/7 operation and pay a time and 1/2 premium in addition to 8 hrs. holiday pay for those who volunteer to work on a holiday.

jbnunzio · March 2002

I work for a non-profit credit union and we currently pay overtime on holiday, sick, vacation and personal time for our employees.

bsa · March 2002

Small manufacturing -- only hours worked count toward overtime for us. Holiday, vacation, sick are not hours worked.

santire · March 2002

The FLSA basic premise for nonexempt employees is time worked is time paid. The flip side of the premise is that time paid is time worked. The FLSA in no way requires pay for time that is not actually worked any more than it requries the provision of vacation or sick leave. Though payment, including calculation of overtime, for vacation or sick leave is widespread (a mark of both a civilized society and a healthy, productive work environment), the practice is not mandated by Federal wage & hour law.

Paid leave = hours worked???

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