How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

My place of employment has a policy that states "There will

Customer Question

My place of employment has a policy that states "There will be seven paid holidays each year." If the holiday falls on my scheduled day off - do I get paid that day and am I entitled to another day off? And if I work the holiday (get time and a half) do I get another day off? I live in WV.
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Employers are not legally required to offer paid holidays at all and so they can set their own rules with regard to how and when those days are administered. Unless there is an unlawful discriminatory basis for denying a particular employee a holiday day (i.e. their race, religion or gender), it is permissible to deny the day. Denying a paid holiday because the employee is already off that day would not be an unlawful discriminatory reason for denying the day.

In short, how your employer chooses to handle this situation is purely up to them. The fair thing would be to still pay you for the day, and you can certainly try to convince them of that if they don't agree with you initially. But you cannot legally force them to pay you for a day you do not work, or to allow you to take a different day as your holiday.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.