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Holiday/Vacation effects on Overtime Maryland

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  • Holiday/Vacation effects on Overtime Maryland

    The situation is in Maryland. Under the labor law, must vacation and holidays be counted as "hours worked" for overtime calculation purposes?

    Employee had vacation on Monday (8 hours) and then worked 36 hours between Tuesday - Friday, a total of 44 hours for the week. Since total hours exceeds 40, must overtime be paid? "Hours Worked" for week only total 36 hours.

    Does the same answer apply when there are holdiay hours?

  • #2
    No. In NO state do vacation, sick, holiday, PTO, or any other paid leave hours have to be counted as hours worked. As far as the law is concerned, there are no circumstances under which time paid for, but not worked, must be counted towards overtime calculations.

    It is not impossible that a company policy, contract, or CBA might state otherwise, but it is never required by law.

    Your employer only WORKED 36 hours; therefore, as far as the law is concerned, he is only owed 36 hours. If vacation time is being paid, then he would receive 44 hours of straight time. No overtime is required.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      And legally, the company policy could also be that only 4 hours vacation/holiday time would be paid. The policy could be so written that the employee does not get paid for more than 40 hours if some of the time is paid time off.
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