Ask The Lawyer

By Debra Roth

Q & A Session – Overtime Pay and Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I work Friday through Tuesday with Wednesday and Thursday off each week. I was required to attend a two-day meeting on my days off. I was told I would get paid overtime, however, instead of working 12 days straight, I decided to request leave for two other days. I was then told I would only get paid regular time if I took leave. This this correct?

A:

An employee generally is entitled to overtime pay for work in excess of 40 hours in an administrative workweek.  Assuming this employee was a non-exempt employee eligible for overtime, whether he was entitled to overtime for the two day meeting depended on what type of leave he took on those two other days.  An employee’s absence from duty on authorized leave with pay, e.g. used some of his annual leave, during the time he would otherwise have been required to be on duty during a basic workweek is deemed employment and does not reduce the amount of overtime pay to which that employee is entitled during an administrative work week.  5 C.F.R. § 550.112.  However, if the employee took leave without pay, then an equal period of service performed within the same administrative workweek shall be substituted and paid for at the rate applicable to his basic workweek before any remaining period of service may be paid for at the overtime rate.  Id.

 

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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Comments

  1. DON Civilian Says:
    June 24th, 2011 at 12:30 pm

    The military command I work for has a policy or rule that Annual Leave and Overtime cannot be in the same pay period. Comptime and Annual Leave can be in the same pay period. So in this situation, the Overtime would be officially entered (submitted to DFAS) as Comptime.