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...

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UPDATED: Sep 23, 2011

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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.