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overtime

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Does an employer have to pay overtime if an employee uses sick time during a specified period? Example: Jane worked Monday thru Thursday for a total of 38 hours, and used Friday for a sick day ( 8 hours). Is she entitled to 6 hours of overtime? Barbara from Connecticut.
 


A

Attorney C

Guest
Generally, overtime applies to hours actually worked, and sick pay would not qualify. However, state law varies, and you should consult with a local employment law attorney to make sure.
 
J

jd

Guest
Because sick pay is actually paid leave, many places do count this in your hours worked for the purpose of payment of overtime. You should check with your HR department regardign company policy. If they say they do not include this paid leave towards hours worked for that pay period, you can ask HR for the statute upon which they base this.
 

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