The FLSA generally requires overtime for hours worked in excess of 40 hours per week. In a regular, 40 hour week situation, the FLSA “threshold” is thus 40 hours per week. Some government employees, and some medical employees, may have different thresholds. For FLSA purposes, only “actual” work time counts toward the overtime
threshold. Leave time does not count as work time under the FLSA, even if the time is paid for and considered working time for other purposes. For example, suppose an employee works 4 of his or her 5 regularly scheduled eight-hour days in a week, and takes leave on the fifth day. The employee will have worked 32 “regular” hours that week. Any additional time worked by the employee during that week (whether “on the clock” or “off the clock”) will not “count” for FLSA overtime until (and to the extent that) the total number of hours worked that week exceeds 40- in the example, the first 8 “extra” hours need not be paid as overtime under the FLSA.
