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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4983
Experience:  Extensive experience representing employees and management
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I work part-time, approx. 25 hrs./week, for a group of doctors.

Customer Question

I work part-time, approx. 25 hrs./week, for a group of doctors. When I started this job in Feb. of this year, I was told for holidays I would get 4 hrs. pay even if it is a day that I normally work 8 hrs. My previous employer, also a doctor, for which I also worked the same number of hours per week, always paid me holiday pay according to the hours I normally worked that day. If I normally worked 4 hrs. on Mondays, then a holiday that fell on a Monday I would be paid for 4 hrs. The same goes for if I normally worked 8 hrs., holiday pay would be for 8 hrs. Which is correct?
Thanks,
~S~
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

I need a bit more information from you before I can provide you with a complete and thorough answer to your question.

To clarify, have you ever been told anything other than that you would receive 4 hours of pay per holiday by your current employer?

Are you asking if you are entitled to 8 hours of pay per holiday under the law or due to some other agreement between you and your employer?

Customer: replied 1 year ago.

I have never been told anything other than I will get paid for 4 hrs. holiday pay from my current employer(even if it is a day I normally work 8 hrs.). I am asking if, by law, I am entitled to holiday pay equal to my normal pay for that day.

Expert:  Joseph replied 1 year ago.


Unfortunately, under the law, an employer is not obligated to pay you for holidays at all, nor provide you with sick leave or paid time off for that matter. That said, there is no law that states that you are entitled to 8 hours of pay per holiday. (Although, it is customary that when an employer pays for holidays off, they do it as a full day, and would provide 8 hours of pay)

See the Department of Labor’s website regarding holiday pay here:

http://www.dol.gov/dol/topic/wages/holiday.htm


I realize the above information is not what you wanted to hear and I sincerely wish I had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Thanks and best of luck!
Expert:  Joseph replied 12 months ago.
Hello Susan,

Please let me know if you have any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

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