Legal Tip of the Week: What You Need To Know About Holiday Pay and Time Off
There is no Federal or New York State law requiring private employers to provide time off to employees for holidays. Employers who do provide time off at the holidays do not have to pay employees for any time off they are given. As long as a salaried employee works some part of the week in which a holiday lies, he may be paid his regular salary. Hourly employees, however, do not have to be paid anything if they take time off for a holiday. Employers also do not have to pay an employee time and a half for working holidays, unless the employee qualifies for overtime. If an employer does elect to give out holiday pay, he may attach conditions to its receipt.
Both employers and employees should be aware of these rules on holiday pay and time off as the holiday season approaches. If you do not know your employer’s policies on holiday vacation time, check before you make your plans this season.