Q. We have a nonexempt salaried employee who normally works Monday to Friday and is paid biweekly. She took a week's vacation, which would come from her PTO (paid time off) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should she be paid? Should she receive her PTO pay but have eight hours less of it charged against her PTO bank? Should she be paid for eight extra hours, plus her week of PTO pay? If we pay her both PTO and eight extra hours, do we have to pay her overtime? —W.M.
A. It sounds like nothing in your policies covers this situation. If something does, you should follow your policy. If not, either of your proposals (taking only 32 hours from the leave bank, or taking 40 hours and paying the employee for the time worked on Saturday) would be legal.
We would suggest giving the employee the option. If she chooses the extra pay, you don't have to pay overtime. Only hours actually worked (not vacation, holiday or any other time for which employees are paid but don't actually work) are required to be counted in determining whether an employee has worked 40 hours in a workweek.