A request for time off for daily overtime submitted prior to payroll preparation waives the obligation to pay for it, even if the time off is granted after the payday | PRO HR April

2022.04.14

Overtime may be compensated with a salary supplement (of 50 or 100%) or with time off (at the employee's request or at the employer's initiative, which entails granting time off at a time and a half rate).

The financial settlement of daily overtime should be made on the next payday. So, for example, if the daily overtime occurred in January, the employer should pay the overtime pay and the supplement along with the January pay.

However, the employer will be exempt from payment if, prior to the payday, it receives the employee’s request for time off or if it grants such time off on its own initiative. The employer must give the employee time off during the pay period. However, when requesting time off for overtime, the employee may indicate any time, even after the close of the pay period. It is important, however, that the employee's request or the employer's initiative occurs before the payday.

That leaves average weekly overtime. It may be compensated only after the end of the pay period, when it is possible to verify whether such overtime occurred at all.

Find more in the PRO HR April 2022.