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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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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.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years 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.