Does sick or personal time in a week break overtime, after person has worked 40 hrs.

Employee was told no time and a half for sat. Cause Mon was a sick day.

Asked on June 12, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sick time, vacation time, or other PTO (like personal days)--or also paid holiday time-does not count for overtime. So say you worked 40 hours of actual work and had 8 hours of sick leave...you would not receive any overtime, because the 8 hours of sick leave don't count for overtime purposes. You would receive 48 hours of base or straight time, no overtime.


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