Legal Question in Employment Law in California
Required Holiday Time Off
My employer does not give any holidays off except 4th of July, Christmas Day and Thanksgiving Day and if 4th of July or christmas day falls on a weekend, she does not allow an additional day off with pay or without pay. All of the other federal holidays we are not allowed to take those holidays off, if we dont come in she can use this as a reason to fire us. She is an Austrian Citizen and doesnt observe American holidays, she only is flexiable with 4th of July. Is this legal?
2 Answers from Attorneys
Re: Required Holiday Time Off
Private employers are not required to provide any paid holidays or vacation. These benefits have become commonplace through pattern and custom; not because they are legally required. An employer who does not provide competitive pay and benefits packages, including holidays and vacations, runs the risk of losing valuable employees to a competitor.
Re: Required Holiday Time Off
There is no legal requirement for private, nonunion employers to give time off for federal or state holidays. If your employers does allow you to take time off, it does not have to be paid time off.
If your employer gives you paid vacation time, then you might be able to legally use you vacation to take those days off. However, it depends on how the vacation policy is written.
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