Comp Time Calculator

What is comp time, and who is eligible?

Compensatory time off ("comp time") is paid time off that public-sector workers can earn instead of cash overtime. Under FLSA Section 7(o) (29 U.S.C. § 207(o)), state and local government employers may, with a prior agreement, give eligible employees 1.5 hours of paid leave for every overtime hour worked, in place of the usual 1.5x cash payment.

Eligibility comes down to three things. You have to be a non-exempt state or local government employee. Your employer needs an agreement or memorandum of understanding (often part of a collective-bargaining contract) authorizing comp time. And you have to agree to receive it instead of cash. Private-sector employers can't use comp time as a substitute for FLSA overtime, with narrow exceptions for certain non-FLSA hours.

How to calculate comp time accrual (with examples)

The base formula is simple: comp time earned = overtime hours x 1.5. Work 12 hours of overtime this pay period and you bank 18 hours of comp time. Work 20 overtime hours and you bank 30. Federal employees under Title 5 (5 U.S.C. § 5543) accrue hour for hour (1.0x), so 12 overtime hours yields 12 comp hours, with a different use-or-lose schedule.

Add the new hours to whatever balance you already have, then cap the total at the maximum allowed for your role. The same overtime math drives our overtime calculator, just paid out as cash instead of banked leave.

Comp time caps: 240 vs. 480 hours

Section 7(o)(3) sets two ceilings. Most public-sector workers can bank up to 240 hours of comp time, which represents 160 hours of actual overtime worked (160 x 1.5 = 240). Workers in public safety, emergency response, and seasonal activities, including police, firefighters, paramedics, and EMTs, get a higher 480-hour ceiling, equal to 320 hours of overtime worked.

Once you hit the cap, any further overtime has to be paid in cash at 1.5x your regular rate (29 CFR § 553.22(c)). It can't be banked as more comp time. Many agencies also set internal sub-caps lower than the federal ceiling, so check your CBA or HR policy.

Comp time vs. overtime pay: which is better?

Comp time trades cash today for paid time off later. The right choice depends on your cash flow, whether you can actually take the leave, and what your agency pays at cash-out. When you separate from the job (or your employer elects to cash out earlier), unused comp time is paid at the higher of (a) your average regular rate over the last three years, or (b) your final regular rate, per 29 U.S.C. § 207(o)(4). Our regular rate of pay calculator helps you pin down that rate.

State law can shift the picture. California has its own comp time scheme under Labor Code § 204.3, with a 240-hour cap and extra eligibility rules. Public employers can require you to use accrued comp time, and they must allow use within a reasonable period after a request unless it would unduly disrupt operations. If you need premium-pay math instead (state double-time or holiday rules), our double time calculator covers the 2x scenarios. To keep a running tally of overtime and comp time across shifts, download Timeclock44.

Disclaimer: Estimates only. This calculator is for informational purposes and isn't tax, legal, or HR advice. Comp time rules vary by employer, jurisdiction, collective-bargaining agreement, and whether you're covered by FLSA § 7(o) or Title 5. Confirm with your HR department, agency policy, or a qualified attorney.