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.
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About the Author
Wayne Coleman is a compensation consultant whose career at various Federal agencies and in private practice spans almost 40 years. During this time he 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. Wayne is available to help your agency avoid premium pay claims through consulting services and training. You can contact him at firstname.lastname@example.org.