Tag: Holiday pay

Question: We have an employee out on workers’ compensation leave (not FMLA leave as we have less than 50 employees). There is a holiday coming up and the employee is not expected to be back before then. Do we have to pay him for the holiday? Answer: There is no requirement to provide employees on…

Question: If the company is closed for Labor Day on Monday, and an employee who works on Sundays wants to take Sunday off and work on Monday while the business is closed, is this okay? Answer: Yes. In most states and under federal rules, private employers may establish and administer holiday policies to meet the…

Question: If a holiday falls during the week of an employee’s leave (either vacation or unpaid leave of absence), how does a company pay salaried (exempt) and hourly (nonexempt) employees that week? Does a part-time employee get paid for a holiday? Answer: The answers to your questions are ultimately determined by company policy due to…

Question: May a company offer holiday pay to office personnel, but not the field employees? Answer: Federal and state laws do not require employers to offer holiday pay. Therefore, they typically leave the policies surrounding holiday pay to the employers to define. An employer is permitted to “class out” a certain group of employees from…

Question: If a holiday falls during the week of an employee’s leave (either vacation or unpaid leave of absence), how does a company pay salaried (exempt) and hourly (nonexempt) employees that week? Does a part time employee get paid for a holiday? Answer: The answers to your questions are ultimately determined by company policy due to the…

Question: We have an employee out on Workers’ Compensation leave (not FMLA leave as we have less than 50 employees). There is a holiday coming up and the employee is not expected to be back before then. Do we have to pay him for the holiday? Answer: Workers’ compensation provides benefits to workers injured on the…

Question: Our company handbook states that an employee must work the scheduled day before and after a holiday in order to be paid for the holiday unless approved in advance.  If an employee does not work the days before or after the holiday, can we deny holiday pay? Answer: Follow your company policy uniformly when handling decisions…

Question:  Is an employee eligible for holiday pay if they are on FMLA? Answer: Your company policy and past practices regarding eligibility for holiday pay during leaves would govern.  Specifically, the Family and Medical Leave Act regulations under Section 825.200(h) [“Maintenance of employee benefits”] specifically states the following:  “An employee’s entitlement to benefits other than…

Question: Can religious holidays be determined by an employer? For example, may an employer determine December 24 through January 1 is a paid holiday period, but PTO must be used for other religious holidays? Answer: The employer has discretion to set the holidays observed in the business.  And as long as you give all affected employees…

Question:   Our handbook states you must work your first scheduled day before AND after the holiday to receive holiday pay.  However, what if the employee is scheduled to work the holiday and then calls out on the holiday?  Do we still need to pay them holiday pay even though they called out? Answer: There is…