I worked 38 hours, Monday through Thursday, but took Friday off as a sick day (8 hours). Can I get overtime?

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Usually overtime applies to hours actually worked and sick pay does not qualify. Your best first step is to stop by your HR department and inquire about the company’s policy. If your company’s policy is to exclude this paid leave towards hours worked for that pay period, ask HR for the statute upon which they base this. However, every state has laws regulating hours and overtime; to find out what law applies in your particular state, call your state’s Department of Employment. Regardless of the overtime issue, you should be paid for 46 hours at your regular rate of pay or, based on a 40-hour work week, you should have only 2 hours deducted from your sick time allotment.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption