Overtime pay

dortenzi · November 2001

A relative of mine works for a manufacturing company in surburban NY. He recently took a sick day, for which he was paid. However, he was told by his supervisor that since he took a sick day, he would only be paid at the straight time rate instead of at time-and-a-half for the overtime he put in that week.

Is that legal?

Thank you.

Margaret Morford · November 2001

I know you won't like this answer, but if the company policy (or probably practice) states that sick time is not counted toward the computation of overtime, it is legal. Some companies also exclude holiday pay, vacation pay, etc.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Theresa Gegen TX · November 2001

IF the employee worked over 40 hours in addition to the sick day (for example the employee worked 4 12 hour days (48 hours total) and took one sick day for an addition 8 paid hours (56 hours total), the employee would probably be due overtime (1 1/2 time) on the eight hours worked over 40. However, the employee would not be due overtime on the 8 sick hours).

So if your friend worked 4 10 hour days (40 hrs) then took a paid sick day (8 hours), he would not be due any overtime.

Good Luck!!

SandiF · February 2002

Theresa is correct. Our policy says this: "Non work time, such as vacations, sick leave, tardies or absences are not considered hours worked for overtime purposes." We do, however, count holiday hours in determining overtime. Our thought process is that we don't want to penalize an employee for not working because it was the company's choice to close. They didn't have an oppurtunity to work. Thinking about that, an employee who didn't celebrate the particular holiday we had off could really be upset about those hours not counting in determining OT.

Have I been rambling?!

Overtime pay

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