Can I forfeit my holiday pay if I call in 3 days before the holiday but work the day before?
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Can I forfeit my holiday pay if I call in 3 days before the holiday but work the day before?
I work at White Castle. I worked a
holiday recently on the day of Thunder
Over Louisville. Also worked the day
before the holiday. And was scheduled
off work the day after the holiday. I
was informed that it was double pay for
the holiday. I only got paid my normal
wage and was told I ‘forfeited’ my
holiday pay by calling off work earlier
in the week. If that is how their policy
works, I was never informed of it. Is
there anything to do about this?
Asked on April 21, 2019 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that an employer is not legally mandated to give holiday pay. Accordingly, it has a great deal of discretion over if and when it is provided. The fact is that absent some form of legally actionable discrimination or an employment/union agreement to the contrary, a business can set the conditions of employment much as it sees fit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unfortunately, there is most likely nothing you can do about this, because there is no legal right to or guaranty of holiday pay: it is 100% voluntary or discretionary for employers to provide it. That lets them set their own rules or policies for whether and when to pay it, and can therefore deny it to employees even if the employees were not personally aware of the policy.
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