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


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 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.