Can my boss only have 3 people in the office for a federal holiday and have everyone else off?

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Can my boss only have 3 people in the office for a federal holiday and have everyone else off?

Asked on December 23, 2014 under Employment Labor Law, Delaware

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have an employment contract or union agreement to the contrary, or this violates exisitng company policy, or constitutes an act of legal discrimination, your employer is with its rights. The fact is that time off is discretionary on the part of an employer and so need not be given. Consequently, an employer can give it or only give it to some. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no obligation to let anyone have time for a federal holiday--all a federal holiday means is that the federal government is closed (except for emergency, critical, etc. functions). And there is no law saying that an employer can't have some people work on a holiday but not others. So, yes, your employer can require 3 people to work and let everyone else off.


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