Does vacation or sick leave count towards the number of hours worked in a week when calculating whether an employee is entitled to overtime (or compensatory time if used)?
No. The Fair Labor Standards Act
(FLSA) requires overtime to be paid only
for actual hours worked in excess of 40
hours per week. Paid vacation or sick leave
is not considered hours worked under the
FLSA. Wisconsin law follows the FLSA.
Therefore, municipalities are not required
to include paid vacation or sick leave when
calculating overtime; however, they may
elect to do so if desired. (rev. 6/20)