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Home > Law Advice > Employment Labor Law > Overtime Pay
Employment Labor Law
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I worked 38 hours, Monday through Thursday, but took Friday off as a sick day (8 hours). Can I get overtime?

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 inquiry 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, have only 2 hours deducted from your sick time allotment.

 

 

 

 

(Reviewed 9-08)



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