Can't toggle bar visibility when window is already fullscreen (layer overlay)

[VlctM]

I have set layer to overlay. When I have a fullscreen window and a hidden bar, then send SIGUSR1 to toggle its visibility it works except the fact that it's not shown over the fullscreen window. If the bar is visible before making the window fullscreen it works as expected.

start with waybar visible
toggle-fullscreen // still visible
pkill -SIGUSR1 waybar // hidden
pkill -SIGUSR1 waybar // hidden under the window

Occurs in Sway and River