FLSA Hours Worked Advisor

Holidays, Vacations and Sick Time

The Fair Labor Standards Act not require employers to give their employees time off for holidays, vacations, or sick leave - either with or without pay. If your employer allows you to take time off for a holiday, a vacation, or because you are sick, the time off, even though you are paid for the time, is not hours worked and need not be included in the total hours worked for overtime purposes.

There is no Federal law that would require employers to treat the hours worked on a holiday as double time. The time worked on a holiday is hours worked just as any other day of the week.

Some Federal laws have provisions concerning time off, including but not necessarily limited to:

• Family and Medical Leave Act (FMLA),

• Davis-Bacon and Related Acts, (DBRA), and

• McNamara-O'Hara Service Contract Act (SCA).

Whether or not holidays, vacations or sick time must be granted to employees in a particular state is determined under the laws of the state.

For more information, please contact your local Wage and Hour District Office.

Return to the Hours Worked Advisor Main Menu