Employees FAQ 3

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)