What is the aw regarding paid holidays?
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What is the aw regarding paid holidays?
I have been hired as office manager to work 32 hours total per week. The contract spells that I will receive 15 days PTO, 5 days sick leave, and 9 paid holidays. Since I choose to work 8 hours per day, I choose also to work Tuesday-Friday. This year about 5 paid holidays follow on a Monday. Being that I didn’t receive the benefit as per contract, I asked to take those 5 days off. The employer said that he cannot do that and because I don’t work on Mondays I lost that benefit. New Link Destination
me it doesn’t make any sense. My contract said that I will receive 9 paid holidays. I assume that if they happened to be on Mondays I can take the day off another day. Can you please clarify that? Also, I’m in San Francisco, and my employer expects me to work more than the hours I was hired for. Is that legal with the new law?
Asked on July 1, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you have, as indicated, a written contract guarantying you 9 paid holidays, then they must give you 9 paid holidays--it is contractually guaranteed you. That doesn't necessarily mean they have to give you other days off: they could pay you a day's wage for those 5 Mondays, so you get the benefit of a paid holiday (pay for not working) that way. But one way or another, if it's in a contract, you have to get the contracted-for benefit. If they won't voluntarily let you have time off or pay you, you could, if you deemed it worthwhile, sue your employer for "breach of contract" for what you are entitled to.
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