What is the aw regarding paid holidays?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption