Sleep Time and Overtime on 24-Hour Shifts: The 5-Hour Rule
Quick answer: Employees on shifts of less than 24 hours are generally paid for sleep time. On shifts of 24 hours or more, up to eight hours may sometimes be excluded when strict conditions are met.
Shifts of less than 24 hours
When an employee is required to be on duty for less than 24 hours, the employee is generally working for the entire period even if allowed to sleep or engage in personal activities when not busy.
An employer should not deduct an eight-hour sleep period from a 16-, 18-, or 20-hour shift under the federal 24-hour rule.
Shifts of 24 hours or more
For a shift of 24 hours or more, the employer and employee may agree to exclude a regularly scheduled sleep period of no more than eight hours when adequate sleeping facilities are furnished and the employee can usually enjoy an uninterrupted night’s sleep.
Without an express or implied agreement, the sleep period generally remains compensable.
The five-hour rule
If interruptions prevent the employee from obtaining at least five hours of sleep during the scheduled period, the entire sleep period generally becomes hours worked. The five hours need not always be consecutive, but the employee must receive reasonable sleep under the applicable rule.
Every interruption for a call to duty must be counted as work even when the remainder of the sleep period is excluded.
Example
A residential employee works a 24-hour shift with an agreed eight-hour sleep period. The employee is called to duty for 90 minutes and receives six and one-half hours of sleep. The 90 minutes are paid, while the remaining sleep time may be excluded if all conditions are satisfied.
If repeated calls leave only four hours of sleep, the entire eight-hour period is generally paid.
Live-in employees
Live-in domestic service employees are subject to specialized rules. Reasonable agreements may exclude bona fide sleep, meal, and off-duty periods, but interruptions must be paid and records must reflect actual work.
Third-party home-care agencies may have overtime obligations that differ from those of an individual household.
Payroll controls
- Identify whether the shift is at least 24 hours.
- Maintain a written sleep-time agreement.
- Provide adequate sleeping facilities.
- Record every interruption.
- Review nights with fewer than five hours of sleep.
- Check state rules and industry-specific wage orders.
Frequently Asked Questions
Can sleep time be deducted from a 16-hour shift?
Generally no under the federal rule for shifts of less than 24 hours.
How much sleep time can be excluded from a 24-hour shift?
Generally no more than eight hours when all conditions are satisfied.
What happens if the employee sleeps less than five hours?
The entire scheduled sleep period generally becomes compensable.
Are interruptions paid?
Yes. Every call-to-duty interruption must be counted as work.
Do live-in caregivers use the same rule?
Live-in domestic employees have specialized agreement and recordkeeping rules.
Related Overtime Guides
Official Sources
- U.S. Department of Labor — Fact Sheet 22
- U.S. Department of Labor — Fact Sheet 79D
- 29 C.F.R. § 785.22
This article is for general educational purposes and is not legal, tax, accounting, or payroll advice. Federal, state, local, contractual, and industry-specific rules may produce a different result.
This calculator is for educational purposes only. Consult your employer or a labor attorney for advice specific to your situation.