Paid time off and overtime

Stonehenge · #1 (**permalink**) 08-05-2004, 09:19 PM

Hypothetical -

You give your guys paid time off to use when they want. One guy works a full week, is just over 40 hours, and wants to add vacation time to that check.

Does the vacation time get allowed at an OT rate, or a regular rate?

BlueSky · #2 (**permalink**) 08-05-2004, 09:31 PM

I don't think I would give the guys time off when they wanted it. They would have to give atleast 2 weeks notice.
Hypothetically though, it would definitly be regular rate. O.T. is hard to pay when they are not bringing money in.

Nebraska · #3 (**permalink**) 08-05-2004, 09:53 PM

Regular time... I have defined vacation time as: hours earned and paid at an employees regular rate of pay; exempt from overtime regulations.

see paragraph 3 under "Requirements"
http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

It would though depend upon WI law.

Mark Oomkes · #4 (**permalink**) 08-06-2004, 08:43 AM

Regular rate. Even our paid holidays are a straight 8 hrs added to their regular work. This is what our handbook states. We have received the OK from our HR\payroll company and our labor attorney.

It gets a lot more in depth, but you would really lose some net if you did not have it built into your overhead for OT vacation pay.

MarkH · #5 (**permalink**) 08-07-2004, 09:28 AM

Our employee handbook on the topic of OT states that the employee must be physically at work for 40 hours before any OT is paid. The only change in that is over 8 hours of onsite work or if we are called in for snow removal or another emergency then you can get OT without being at work a full 40. Vacation is never Ot for us either.

Dale Wiley · #6 (**permalink**) 08-07-2004, 11:57 AM

A request for vacation pay in lieu of actual time off, should have to be made well prior to date the pay is requested.

Employees have to schedule vacation
(or should) well in advance in order to allow for adequeate staffing in their absence. I would want advance notice for cash flow reasons for the same reason.

The employee should have to fill out the same type of paper work for a cash subsitiute for vacation as they would for time off.

Stonehenge · #7 (**permalink**) 08-08-2004, 07:27 PM

They do have to schedule vacation, but I'm not too concerned about meeting payroll for the extra 8 hours. Thanks for the replies - straight time seems the most logical, reasonable option, and seems to be backed by labor law. So I'm a happy dude.

Dale Wiley · #8 (**permalink**) 08-08-2004, 09:07 PM

Oh... I thought you were talking acout a full weeks vacation pay added on......