Can an Employee Earn Holiday Pay and Overtime in the Same Week? (2023)


How does overtime and holiday pay work together? ›

The regular overtime pay rate, time and a half, is usually based on a 40-hour workweek. This means that any hours worked over 40 are counted as overtime and are paid out at 1.5x the regular pay rate, but during a paid holiday any hours worked on that day automatically get paid out as overtime.

Does holiday pay and overtime stack? ›

Under the FLSA, the holiday pay is not regarded as compensation for working (because the employee would also get it if he or she did not work); therefore it is excludable from the regular rate when calculating overtime.

Does holiday pay count towards overtime in California? ›

Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek. Another example of where you get paid your regular wages but the time is not counted towards overtime is if you get paid for a holiday but do not work that day.

Does holiday pay count towards overtime Amazon? ›

Does Amazon pay extra on holidays? Holiday benefit hours will not be counted towards the calculation of overtime if the holiday falls on an employee's regularly scheduled day off. Full-time employees will receive a holiday benefit equivalent to their basic hourly rate times their hours worked on the holiday.

Should holiday pay be paid on overtime? ›

Holiday pay must be calculated on the basis of the employee's normal pay. Where an employee normally works overtime, this should be included in the calculation of their holiday pay.

How does overtime work during a holiday week? ›

Overtime pay: The FLSA mandates that non-exempt (hourly) employees be paid overtime (generally 1.5 times their normal compensation) if they work more than 40 hours for the week. If working on the holiday results in more than 40 hours worked that week, they must be paid overtime for those extra hours.

How are holiday hours calculated? ›

Let's use the statutory amount inclusive of bank holidays as an example. You calculate entitlement by multiplying the number of hours a person works per week by 5.6 (the annual statutory entitlement).

How do you calculate holiday pay per hour? ›

One common method employers have used for calculating holiday pay for workers with irregular hours is to take the number of hours actually worked and multiply it by 12.07%. This gives them the worker's holiday entitlement for which the worker is paid at their normal hourly rate.

What happens when a holiday falls on your day off? ›

When a holiday falls on a nonworkday outside a full-time employee's basic workweek, he or she is entitled to an "in lieu of" holiday. The general rule is that the "in lieu of" holiday is the workday immediately preceding the nonworkday on which the holiday fell.

What is the rule for employees entitled to holiday pay? ›

⦁ Article 94 of the Labor Code provides that every worker shall be paid his regular daily wage during regular holidays and that the employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate [i.e. 100% holiday pay + day's wage].

What are the rules for overtime payment? ›

Minimum Wages Act, 1948

According to Section 33, workers who work overtime must be paid at a rate that is double their regular rates of pay. It states that the employer may accept actual work up to a maximum of 9 hours every 12-hour shift on any given day.

Does overtime count towards holiday accrual? ›

Regular overtime is always calculated into the holiday pay of an employee.

Can I use PTO and still get overtime? ›

Does PTO (paid time off) count towards overtime? No. Overtime is calculated based on hours actually worked. Paid time off for holidays, vacations, sick days, etc.

Can my employer include holiday pay in my hourly rate? ›

Government guidance states:

“Holiday pay should be paid for the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as 'rolled-up holiday pay'). If a current contract still includes rolled-up pay, it needs to be re-negotiated.”

Is holiday pay double time or time and a half at Amazon? ›

In addition to the holiday benefit, full-time hourly employees also receive one and one-half times their basic hourly rate for each hour they are required to work on an observed holiday.

Is holiday pay taxed? ›

Please note, holiday pay is a taxable income and is therefore subject to statutory deductions such as Income Tax and NICs.

Do I have to pay holiday pay? ›

You're entitled to paid holidays if you're an employee or a worker - including an agency worker. You might be an employee or worker even if your contract says you're self-employed. You aren't entitled to paid holidays if you run a business and you work for a client.

Can my employer not pay me holiday? ›

What do I do if my employer has not paid me the right amount of holiday pay? You have the right to bring a claim under the Working Time Regulations or for unlawful deductions from wages i.e. a claim for money you should have been paid, in an employment tribunal.

Do you have to work the day before and after to get holiday pay in California? ›

Often employers will also require employees to work the days leading up to and following the holiday in order be eligible for the holiday pay. 5. If a pay day falls on certain holidays, and the employer is closed, the employer may process payroll on the next business day.

Does holiday pay count towards overtime Oregon? ›

Overtime is calculated based on hours actually worked, and your employee worked only 35 hours during the workweek. Unless a policy, contract or collective bargaining agreement states otherwise, you needn´t count sick leave, vacation time, holidays, or other paid time during which the employee did not actually work.

Can I be forced to work on a federal holiday? ›

While many private employers offer some or all federal holidays off as an employee benefit, there is no law requiring them to do so.

How many holidays do I get if I work 36 hours a week? ›

For someone working compressed hours, for example, a 36-hour week over four days instead of five, their annual holiday entitlement is 36 hours x 5.6 weeks = 201.6 hours of holiday for the year.

How many holidays is 20 hours a week? ›

If your full time employees are entitled to 25 days annual leave plus eight bank holidays for example (which gives 33 days in total per annum) the entitlement of a part time worker who works 20 hours per week would be calculated as 20 (hours per week) x 6.6 = 132 hours holiday per year.

Do I lose my holidays if I don't take them? ›

If you receive more than 28 days' leave, your employer may allow you to carry over any additional untaken leave. However, if your employer has a 'use it or lose it' policy, you will lose any outstanding holiday if you have had the opportunity to take it but declined to do so.

What is holiday burnout? ›

Sufferers of "holiday burnout" are often overwhelmed by the perceived extra demands and expectations associated with preparation for, and celebration of, the holiday season. Some cases of holiday burnout are likely related to episodes of depression, which can peak at holiday time.

Can you be fired for refusing to work on Sunday? ›

Don't be worried about how opting out of Sunday working will affect your job security. Your employer is not allowed to treat you unfavourably (for example, deny you overtime or promotion) and you can't be dismissed fairly for refusing to work on Sundays under this right.

Who are not entitled for holiday pay? ›

All employees in all establishments and undertakings, whether for profit or not, are entitled to holiday pay except the following: Government employees; Managerial employees; Officers or members of a managerial staff; Field personnel; Members of the family of the employer who are dependent on him for support; Domestic ...

Is 30 minutes considered as overtime? ›

6. Overtime is calculated after an additional thirty (30) minutes has been worked beyond the regular working schedule.

Do I have to work the day before a holiday? ›

A: Employers are generally permitted to require non-exempt employees to work the day before and after a company holiday in order to receive holiday pay. Typically, employers don't apply this policy to employees who scheduled the time off in advance.

What is the maximum overtime an employee is allowed to work? ›

Overtime hours

If overtime is needed, you must agree to it and may not work for more than 12 hours a day or more than 10 hours overtime a week. Please note that a collective agreement can be made to increase this to 15 hours a week, but only for up to 2 months a year.

Is overtime taxed more? ›

Overtime is always taxed, but it's taxed at the same rate as your regular wage bracket (10% for the lowest and 37% for the highest income) hence overtime isn't actually taxed more. Only your gross income as a whole will be taxed more (and only in that pay period) thus working overtime is still worth it.

What is the penalty for overtime? ›

Penalty overtime is compensation paid pursuant to Postal Service regulations to eligible personnel at two times the employee's basic hourly straight-time rate for hours described in applicable labor agreements.

Do you have to accrue holidays before taking them? ›

You start to accrue (build up) your holiday entitlement as soon as you start a job. In the first year of a job your employer might use an 'accrual system' where holiday is calculated as you go along.

How is the 12.07 holiday pay calculated? ›

Calculate the total hours a worker has worked in the previous 52 weeks (the reference period), including those weeks without work; Multiply the total hours worked by 12.07% to give the worker's total annual statutory holiday entitlement in hours.

How many days is 40 hours of PTO? ›

How many days is 40 hours of PTO? 40 hours of PTO is 5 days of work, assuming you work 8-hour shifts. If you want to know how many days of PTO you have, simply divide the hours by however long your workday is (8 hours, for most people). So 104 hours divided by 8 would be 13 days, for example.

Can you use all PTO before quitting? ›

What is the law in California? In California, unused vacation pay – as well as vacation time that is combined with sick time – is a form of wage. Along with all other forms of wages, employees can cash out unused vacation time upon separation from the company.

Does PTO include holidays? ›

PTO policies most often include national and floating holidays, paid vacation days, paid family leave, and paid sick leave.

What does inclusive holiday pay mean? ›

Your employer will pay your holiday pay at the same rate as your normal pay. You may get a higher rate of holiday pay if your contract gives you the right to a higher rate.

How does holiday time and a half work? ›

In the United States, holiday pay is most often expressed as time-and-a-half pay, which is where an employee is paid their regular rate plus one half of their regular rate for each hour that they work on a holiday. It may also be a holiday bonus check or paid time off on the day of a holiday.

What's the difference between holiday pay and time and a half? ›

The regular overtime pay rate, time and a half, is usually based on a 40-hour workweek. This means that any hours worked over 40 are counted as overtime and are paid out at 1.5x the regular pay rate, but during a paid holiday any hours worked on that day automatically get paid out as overtime.

Is legal holiday double pay? ›

Payment of Wages on a Double Holiday

An employee who reports to work on a double holiday shall be paid 200% of the regular wage. [basic wage x 200%]. An employee who works overtime on a double holiday shall be paid an additional 30% of the daily rate of 300%.

How does time and a half work? ›

Overtime pay policies vary between companies, time and a half being a common rate. It simply means that in addition to the employee's standard hourly rate, they will get paid an additional one half of that rate for each hour worked in the time and a half window.

What is Georgia overtime pay law? ›

When is my employer required to pay overtime? Unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate of 1 and 1/2 their regular rates of pay.

Is it legal to include holiday pay in hourly rate? ›

Calculating holiday entitlement and pay for casual workers with no set hours is notoriously difficult. Rolling up holiday pay into an individual's hourly rate is currently unlawful.

Is holiday pay based on hours or days? ›

Holiday pay calculations can be based on: days or hours worked per week. casual or irregular hours.

How does holiday pay WORK example? ›

How do you calculate holiday pay? If you offer time-and-a-half pay for working on a holiday, you simply take the employee's regular hourly rate and add half of that rate. For example, if an employee's regular pay rate is $12 per hour, their holiday pay would be $18 per hour.

What is time and a half for $15.00 an hour? ›

For example, if Jess is typically paid $15 per hour, that means she makes $22.50 per hour with time and a half ($15 × 1.5).

What is time and a half pay for $17 an hour? ›

What is time and a half for $17 per hour? To find out what time and a half is for $17 per hour, you can multiply your hourly wage by 1.5. Time and a half is $25.50 per hour for $17 per hour.

What is time and a half for $25 an hour? ›

The standard overtime rate is 1.5 times the employee's regular hourly wage. This number is also commonly known as “time-and-a-half.” So if one employee makes $15 per hour, their overtime rate is $22.50 per hour ($15 x 1.5). If another employee makes $25 per hour, their overtime rate is $37.50 per hour ($25 x 1.5).

Who is not entitled to holiday pay? ›

You're entitled to paid holidays if you're an employee or a worker - including an agency worker. You might be an employee or worker even if your contract says you're self-employed. You aren't entitled to paid holidays if you run a business and you work for a client.

Can I work 6 hours without a lunch break in Georgia? ›

Neither the Fair Labor Standards Act (FLSA) nor Georgia law require breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods. Breaks of short duration (from 5 to 20 minutes) are common.

Is it legal to work 12 hours a day in Georgia? ›

If not otherwise provided by a contract, the working time set by an employer during which an employee fulfills work shall not exceed 41 hours per week. Working time does not include a break and rest time. 2. The duration of rest time between working days (shifts) shall not be less than 12 hours.

Is overtime taxed more in Georgia? ›

Short answer, no. The rate you are taxed remains the same whether you work standard or overtime hours.


1. Can a salaried employee refuse to work over 40 hours per week? Can they refuse overtime?
(Law Office of Vincent P. White)
2. Work Hours, Overtime Pay, Night Differential, and Holiday Pay
(Prof. J.E. Policarpio)
3. When is an employer required to pay overtime pay for hours worked?
(Diggs & Sadler)
4. Holiday Pay and Time Off
5. What now after 12.07%? | Understanding calculating holiday pay for zero hours contracts
(Imogen Edmunds)
6. Legal Requirements for Employee Holiday Pay 🤯
(Business Operations, Management & Human Resources)


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