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I. Hours Worked Does Not Include Paid Leave!


Under the FLSA, the only time counted when determining whether and how much overtime was worked is the time the employee actually spent engaged in work. Time represented by paid holidays or paid leave does not count toward hours worked. Thus, if employees who are given paid leave during FMLA-related absences work during a workweek, the paid leave is left out of the equation. It would not be a common situation for an employee to have FMLA-related leave and overtime during the same workweek, although it would be possible.


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