Legal Question in Employment Law in California

Holiday Pay on regularly scheduled day off

I have an employee that works Tuesday through Saturday (37.5 workweek). Several of the company holidays fall on Mondays. He does not want to take another day off instead he wants to get paid an additional 7.5 hours for the week. Does the company legally have to make him schedule another day for the holiday? Can he refuse to take the day and if so are we obligated to pay him the additional 7.5 hours?


Asked on 6/03/99, 8:24 am

3 Answers from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Holiday Pay on regularly scheduled day off

Pay for a holiday is an employer benefit, not a statutory or regulatory requirement. Employees must be paid for time worked and are entilted to payment for a day which they would have worked, if it is a holiday and that is the employer's policy.

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Answered on 6/04/99, 3:49 pm
Thomas Pavone Pavone & Cohen

Re: Holiday Pay on regularly scheduled day off

Holiday Pay is a matter of Company policy. The employer may establish any reasonable policy, including requiring that the employee substitute another day off for the holiday.

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Answered on 6/04/99, 8:30 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Holiday Pay on regularly

There is no requirement that you give him extra pay nor is there a requirement that you even give him another day off. I would tell him he is not going to be paid for the holiday but if he wants to take another day off he can. If he doesn�t want to take another day off, that's OK too but he is not getting the extra pay.

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Answered on 6/05/99, 2:37 am


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