I worked 44 hrs and 4 hrs sick time. Can my employer deny sick pay?

As I understand it here in the US they need only pay you for actual time worked. Local law could be in existence but not knowing where youy are I can't respond along those lines. As Nik shares regarding the UK, much of that in the US would also be the based upon the existence of any contracts or CBA's. If you are in a CBA then see your steward.

You might go back to terms of hire also. In US, salaried workers generally get paid for their work no matter how many hours it took them. The companies where I worked as salary generally had sick time built in with the understanding that the work would get done or passed to someone else to finish depending on time constraints.

My question is based in the US. I am an hourly employee.

I think based on the answers given above Michael that you are unlikely to be entitled to sick pay, particularly as you have already reached an overtime pay threshold. Sorry.

Correct. It's been my experience that sick pay can be used to get you up to your full 40 for the week (as an hourly employee) but would not be paid at the overtime rate. If it was paid in addition to the straight 40, it would need to be 1 1/2 time. On the bright side, your 'bucket' of paid time off should not be deducted from either. Guess you can look at it like although you were sick 4 hours, you made up the work with a different 4. Good luck,

Actually Candice if it was paid as sick time, meaning hours not worked, it would not have to be paid at a rate of time and one half, rather, it could be paid as straight time as it is time not worked. Only time worked above the 40 in a week (other criteria may apply in some jurisdictions) would be required to be paid at time and one half

My answer is based on my experience only...(I understand the "other criteria may apply...I agree")
if we used the 4 sick hours, it would force 4 more 'worked' hours into the above the reg. 40, making 36 reg, 4 sick, and any hours worked above this OT hours...

§ 778.200 Provisions governing inclusion, exclusion, and crediting of particular payments.

(2) Payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his employer's interests and properly reimbursable by the employer; and other similar payments to an employee which are not made as compensation for his hours of employment;

Sick hours are not hours worked as defined by the FLSA. Using the OP's situation and creating an assumption that he makes $10 an hour and all of the hours would be paid.

40 hours straight toime = $400
4 hours OT = $60
4 hours sick = $40
Total for the week: $500

In that time away from work for illness is not actual work time it is not required to be included in the overtime calculation. Employers at their discretion may in fact choose to compensate employees for these absences but are neirther required to do so nor are they required to pay them at any rate.

Thanks for taking the time to post this-- great answer.

Thanks for all the great answers. Here is a thought that was given to me today. I was told that if the company has a sick pay policy, that they must pay sick time even though the employee has reached 40 hrs (worked) on the time card. It would be paid as straight time and any overtime equal to the sick hrs would be paid at straight time. But since there is a pay sick policy in place it has to be paid. Any thoughts?

Michael,

Unless the policy of your company requires them to pay you sick time, regardless of the number of hours you work; or, you have some other contractual arrangement such as a collective bargaining agreement that requires you to be paid the sick time regardless of the number of hours worked, you have no recourse.

I would agree with Nic that as a hourly employee you should receive 40 hrs of straight pay and 4 hrs of OT pay. It is a great example why PTO is more employee friendly than sick time especially if you can't carry sick tome over.