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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12631
Experience:  Significant experience in all areas of employment law.
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Im a non-benefited part-time employee. I work 2 days a week.

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I'm a non-benefited part-time employee. I work 2 days a week. A holiday falls on a day when I usually work and my employer won't give me another day to work instead so I will lose a days wages. Can they do this?
Hello and thank you for entrusting me to answer your question. I am sorry to hear abotu your employer's inflexibility.

Can you please tell me if this is a religious holiday (e.g. Christmas) and if you are asking time off for religious observance? Does your employer have other employees to schedule as a reasonable alternative?

I very much look forward to assisting you regarding this matter.
Customer: replied 4 years ago.

I usually work Tuesdays, Christmas & New Year are on Tues and we will be closed. I asked to work an alternate day or at another location, they said I'm not needed. My supervisor gave our 2 on-call people hours and didn't offer them to me.

I see, thank you for clarifying. I actually misunderstood your question initially since I thought you were asking if you had to work on a holiday. My apologies.

If your question is whether your employer has a legal obligation to provide you with an additional scheduled work day because the business is closed on a day in which you are regularly scheduled, the answer is unfortunately no.

Employers retain tremendous discretion to control the schedules of their employees and can require employees to work or refrain from working on any day and for any reason, unless the underlying motivation for the employment decision is discriminatory in nature (i.e. forcing all Latino employees to work holidays, for example).

I am very sorry to tell you, but there would be no legal basis to compel your employer to schedule you for an additional day's work, even if you were passed up for those shifts by on-call employees and even though this is understandable unfair and frustrating.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please 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, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
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