my employer wont pay me for a holiday that falls on a weekday if i ask for pto the day before or after, is this legal?
see above
1 answer | asked Sep 19, 2017 4:15 PM [EST] | applies to California
Answers (1)
Based on the limited information you provided, it is legal for your employer not to provide holiday pay to employees who take PTO the day before or after a holiday.
First, no law requires an employer to provide employees with holidays, either as time off or paid time off. Any holidays provided are at the discretion of the employer. An employer is free to set its own holiday policy, including establishing when employees are eligible for holiday pay. FYI: It is not unusual for an employer to require an employee to be working the day before and after a holiday in order to qualify for a paid holiday. Employers often do this because they do not want employees to be absent from work for a longer period.
That said, if an employee is not at work for a reason protected by law – such as those covered by one of the family leave laws, workers' compensation laws, reasonable accommodation laws, jury duty, etc. – the employer may not use that absence as a reason to deny holiday pay, even if the employee is on PTO at the time. There are some exceptions to this, so if in doubt, it is best to check with an attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Sep 21, 2017 5:40 PM [EST]
First, no law requires an employer to provide employees with holidays, either as time off or paid time off. Any holidays provided are at the discretion of the employer. An employer is free to set its own holiday policy, including establishing when employees are eligible for holiday pay. FYI: It is not unusual for an employer to require an employee to be working the day before and after a holiday in order to qualify for a paid holiday. Employers often do this because they do not want employees to be absent from work for a longer period.
That said, if an employee is not at work for a reason protected by law – such as those covered by one of the family leave laws, workers' compensation laws, reasonable accommodation laws, jury duty, etc. – the employer may not use that absence as a reason to deny holiday pay, even if the employee is on PTO at the time. There are some exceptions to this, so if in doubt, it is best to check with an attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope there is a good resolution to this situation.
posted by Marilynn Mika Spencer | Sep 21, 2017 5:40 PM [EST]
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