What is the legal definition of a ‘paid holiday’?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the legal definition of a ‘paid holiday’?
I am a salaried employee and in my employment
contract it lists 6 ‘paid holidays’.
I have been forced to work on all of them. My
employers argument is that
‘You are paid salary and it says paid holiday,
it does not say day off.’
I am not paid extra for working the holiday, so
what does ‘paid holiday’ even mean if I have to
work?
Asked on August 28, 2019 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There is no official legal definition, since the law does not guaranty paid holidays or regulate them--there is no right to paid holidays in the law.
The common understanding of "paid holiday" would be a day you are paid for without working. The problem for you is, a salaried employee can be required to work on days or at times he or she would normally not work--e.g. on weekends or evenings--and does not receive any extra compensation for doing so; the regular weekly salary is the only compensation you get for all work you do that week, even work on what would normally be time off. If a salaried employee is required to work on a paid holiday, he or she does receive extra pay. So while what your employer is doing is unfair or unethical, it is legal: they can make you work on what would normally be a paid holiday and not pay you anything extra for it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.