Employment Law Questions? Ask an Employment Lawyer.
Holiday pay is a fringe benefit that employers often offer their employees. Many companies offer this bonus pay to their employees, along with vacation pay. In some situations, employees are denied holiday pay. This tends to result in disgruntlement, a feeling of being cheated and can lead to many questions about employee rights, holiday pay laws and holiday pay entitlement. Employment Lawyers on JustAnswer can answer any type of holiday pay question that you may have. Below are the top five holiday pay questions answered by the Experts.
Employers have the option of offering holiday pay and are not required to do so by law. Many companies choose not to pay any holiday pay to their employees, especially for holidays that occur outside of work hours -- such as on the weekend. However, if you are a state or federal worker, you are allowed certain rights like paid vacation.
An employer is not legally obligated to fund vacation or holiday pay to their employees, this includes those employees who work less than 40 hours. Under federal law, vacation and holiday pay are considered voluntary fringe benefits that the employer may offer the employee. However, if there is a policy in place that states the employer offers these benefits, the employer would generally have to notify the employees before ending the benefits.
As long as an employer notifies the employees of a change in policy, they can usually end all funding for holiday pay and PTO (paid time off). Vacation pay, holiday pay and PTO are considered fringe benefits that an employer can offer the employees but they are not required to. The exception to this would be an employment contract stating that these fringe benefits will be offered.
Usually, the employee is required to work the scheduled day before and after a holiday in order to qualify for holiday pay. However, this is the normal procedure but not a rule. You need to check with your company policy in reference to sick pay on a Monday or Friday or combined with a holiday. Whether or not your employer’s actions are legal will depend on the policy. Also it would depend on whether you are contract labor or if you are an hourly wage or salaried employee. If your employers can show you in the policy that they can hold your holiday pay because you were ill on the following work day, they would be within their rights to do so. If it isn’t stated in the policy, you may want to consider contacting your state’s Department of Labor and report this to the Wage and Hour Commission. As a general rule, if an employer has a policy of paying holiday and sick pay and those days are different days, then they must pay you for both.
Generally, part time employees are not eligible for fringe benefits such as holiday pay. The employer is required to pay the employee for hours worked and any overtime. Any overtime hours would be paid in overtime pay which is usually one and a half times the amount that the employee is paid hourly. If the employer is paying other part time employees time and a half for holiday hours, the employee could ask for the same compensation through the HR (human resources) and through the local labor board.
Many people deal with work issues and find themselves in need of some experienced legal insight. You want to make sure you have all of your options presented to you before you act on an impulse. If you find yourself in a sticky situation and you are unsure who to ask, take your question to the Employment Lawyers on JustAnswer. The Experts on JustAnswer answer a wide variety of work related issues such as holiday pay and holiday pay policy and can answer your individual questions in an efficient and knowledgeable manner.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.