Generally, no. Under the federal Fair Labor Standards Act (FLSA), paid sick time is not hours worked and does not count toward the 40-hour overtime threshold. Sick pay and overtime can both appear on one paycheck, but overtime is calculated separately for each workweek—not by adding all hours in a pay period.
Why sick pay and overtime can appear on the same paycheck
A pay period can include wages from multiple workweeks. The paycheck may therefore include sick pay for some hours and overtime earned in a workweek when you actually worked more than 40 hours. The sick hours do not create overtime under the general federal rule.
For example, if a covered, nonexempt employee works 40 hours and uses 8 hours of paid sick leave in the same workweek, the sick leave does not turn the total into 48 hours worked for federal overtime purposes. If the employee works more than 40 hours, federal overtime generally applies to the excess hours actually worked, subject to applicable rules and the employee’s status. This example applies the general rule; it is not a DOL example.
How federal overtime is calculated
The U.S. Department of Labor (DOL) says covered, nonexempt employees generally must receive at least one and one-half times their regular rate for hours worked over 40 in a workweek. A workweek is a fixed, recurring 168-hour period. It may begin on any day and at any hour, so it need not match the calendar week or the pay period. An employer cannot average hours across two workweeks to determine whether overtime is due.
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The DOL’s FLSA Hours Worked Advisor states that time off for sickness, even when paid, is not hours worked and need not be included in the overtime total.
Which week determines when overtime is due?
Overtime is calculated in the workweek when the hours were worked. A payroll period that includes parts of two workweeks is not one combined overtime calculation. The DOL says overtime normally must be paid on the regular payday for the pay period in which the wages were earned.
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When the federal baseline may not settle your paycheck
The federal FLSA generally does not require employers to provide paid sick leave; sick pay is typically governed by an agreement between the employer and employee or their representative. State or local law may require paid sick leave, and a state may have its own overtime standard. When both federal and state overtime laws apply, the DOL says the employee receives the higher standard.
To check an individual paycheck, identify:
- Your work location and any applicable state or local sick-leave and overtime rules.
- Your employer’s defined workweek and the hours you actually worked in each workweek.
- Whether you are covered by the FLSA and classified as nonexempt or exempt.
- Any applicable employer policy, agreement, or special employment rule.
The DOL describes the general rule for covered, nonexempt employees and notes that exceptions and special circumstances can apply. Its Fact Sheet #23: Overtime Pay identifies the federal overtime rule and was revised in October 2019. The DOL’s FLSA FAQ provides additional general guidance.
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