PCS Weekly - HR Topics
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Question of the Week
for Wages and Benefits:
How do I calculate overtime when an employee takes PTO and gets paid for more than 40 hours in the workweek?
Answered by the HR Experts
January 22, 2025
You’re only required to pay overtime when a nonexempt employee works more than 40 hours in a workweek. Paid time the employee didn’t work—such as vacation, paid holidays, or sick leave—doesn’t count towards hours worked for overtime purposes.
A couple of examples:
If an employee takes 8 hours of sick leave on Monday, then works four 10-hour shifts on Tuesday through Friday, they would be paid for 48 hours total: 8 sick leave hours at straight time and 40 worked hours at straight time. Because the employee only worked 40 hours, no overtime is owed.
If an employee is paid 8 hours for a non-working holiday on Monday, then works five 10-hour shifts on Tuesday through Saturday, they would be paid for 58 hours total: 8 holiday hours at straight time, 40 worked hours at straight time, and 10 overtime hours for the hours worked over 40 in the workweek.
This Q&A does not constitute legal advice and does not address state or local law..
Legal Disclaimer: The HR Support Center is not engaged in the practice of law. The content in this page should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. The HR Support Center cannot be held legally accountable for actions related to its receipt.
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