Regarding Paid Holidays

UPDATED: Oct 2, 2022

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Regarding Paid Holidays

Our office policy states that in order to receive paid holiday wages Labor Day, an employee must work the day before and the day after the paid holiday. The employee in question did work the day Fridaybefore the holiday, but her maternity leave began at the end of that day. She does have some paid vacation days that she is using for several days after Labor Day and is claiming that this entitles her to a paid Labor Day holiday.

Asked on September 11, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no law about paid holidays, because the law does not require paid holidays or entitle employees to them. It is 100% up to employer policy. Generally, paid vacation days are not considered the same as actually working for many purposes, such as earning overtime, so it would be very reasonable for your policy to be that employees must actually WORK the day before and after, and not use PTO, to get the holiday paid. You could deny her the holiday pay on that basis.

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