Overtime and Annual Leave

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By on February 19, 2015 in Pay & Benefits, Q&A with 5 Comments

Q: A nursing supervisor requests an RN (Registered Nurse) who is on annual leave to work overtime. The RN agrees to work a day during her annual leave for the overtime as promised by the nursing supervisor. Can the nurse be paid overtime in this situation?

A: For a Title 5 employee, who is coded for annual leave from 8 a.m. to 4:30 p.m. and is called in to work after 4:30 p.m., the overtime would be the appropriate compensation for those additional hours. However, it is important to emphasize that if the RN is called in during his or her regular work hours, i.e., between 8 a.m. and 4:30 p.m., then the time should be coded as work time, not annual leave, and the appropriate form of compensation is the RN’s regular rate of pay.

Wayne Coleman is a federal pay expert available to help your agency avoid premium pay claims through on-site training. Contact him for more information.

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About the Author

Wayne Coleman is a senior consultant who has written about and provided training on overtime and premium pay, on the principles of FLSA coverage and exemption, and on related federal compensation issues at many different Federal agencies for almost 40 years. He can be reached at wayneslyhouse@comcast.net.