Holiday, Vacation, and Sick Time

The FLSA does not require employers to give their employees time off for holidays, vacations, or sick leave - either with or without pay.  If your employer allows you to take time off for a holiday, vacation, or because you are sick, the time off, even though you are paid for the time, is not hours worked and need not be included in the total hours worked for overtime purposes.

There is no federal law that would require employers to treat hours worked on a holiday as double time.  The time worked on holiday is hours worked just as any other day of the week.

Some federal laws have provisions concerning time off, including but not necessarily limited to:

    • Family and Medical Leave Act (FMLA);
    • Davis-Bacon and Related Acts (DBRA); and
    • McNamara-O’Hara Service Contract Act (SCA).

Whether or not holidays, vacation or sick time must be granted to employees in a particular state is determined under the laws of the state.  The terms and conditions for the use of such time off is a private matter for agreement between an employer and the employee or the employee’s authorized representative.

Seeking medical attention during your working hours at the direction of your employer or on your employer’s premises for work related illness or injuries is hours worked.  For example, an employee who cuts her hand on a machine during working hours is directed by her employer to see the company nurse.  The time spent by the employee in waiting for and receiving medical attention form the company nurse is hours worked. 

If your employer instructs you to get medical treatment, he or she is not required by the FLSA to provide transportation or accompany you.  However, the time required to travel to and from the place where medical attention is provided is hours worked, if this travel occurs during normal working hours, on a day when you are working.

If follow-up medical treatments are required during normal working hours on days when you are working, and your employer instructs you to get these treatments, the time spent in travel to and from, waiting for, and receiving the treatments would be hours worked.  However, if you and the doctor arranged the follow-up medical treatments, but your employer does not instruct you  to receive the treatments, the time would not be hours worked, even if your employer gave you permission to take off from work for the doctor’s appointment. 



Yezbak Law Offices • Nashville, Tennessee 37215 • 615-250-2000 • 866-255-3866