Many firms in California provide holiday perks to their staff. This can entail giving workers a day off with pay (often known as a paid holiday) or paying them more for whatever time they work on a holiday (known as holiday pay, which is similar to overtime). On special occasions like Labor Day, Thanksgiving, Christmas Day, New Year’s Day, Easter, Memorial Day, and the Fourth of July, this is typically done.
Many employees take advantage of this wonderful perk, especially during the holidays when they might desire paid time off to be with their families or additional money to buy gifts for friends and family.
However, not all businesses provide this perk, which has some people wondering if it’s legal to forgo paid holidays or holiday pay. The short answer is yes, it is legal. Employers are not required to pay their staff for holidays or provide paid time off under California or federal law. Consider it a nice perk if your work provides it. If they don’t, there might not be much you can do to change the situation.
That said, there are some situations in which an employee is legally entitled to holiday pay. Keep reading to learn more and then contact PLBH at (800) 435-7542 if you believe you have a claim and need help from an employment law attorney.
Situations in which you are legally entitled to holiday pay
If your business regularly offers this benefit or if it was mentioned in an offer letter or employment contract, your employer may be legally obligated to do so. This is because it is then considered a part of your pay and your employer cannot arbitrarily change your pay without notice.
Additionally, there may be grounds for a complaint if your business gives some employees paid vacations or holiday pay while discriminating against other employees based on prohibited factors like age or gender. One instance of workplace discrimination based on gender would be if an employer decided to only allow male employees vacation time off because “they have to care for their families.”
It might be in the company’s best interest to offer more paid time off
Perks like paid time off are advantageous to both businesses and employees. According to new research, shorter workweeks really increase productivity. Microsoft experimented with a four-day workweek in Japan in August and discovered that productivity rose by 40%. Paid time off boosts employee morale and lowers turnover rates.
Contact an attorney if you believe your rights have been violated
Even while there may not be a law requiring your company to pay you for the holidays, there are some circumstances in which providing unpaid vacations or holiday compensation goes beyond the bounds of the law. PLBH can assist you if this occurs. Call (800) 435-7542 or send an email to info@plblaw.com to set up a meeting with a knowledgeable California employer lawyer.