What is the law concerning taking off on a national holiday?

UPDATED: Jan 14, 2013

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What is the law concerning taking off on a national holiday?

I always thought you could take it off without penalty if you asked for the day off in writing before hand and without pay.

Asked on January 14, 2013 under Employment Labor Law, Kentucky


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

Answered 10 years ago | Contributor

Absent a union agreement, employment contract or existing company policy allowing for taking off on national holidays, an employer can mandate the days that employees do or do not work, with or without pay. Since PTO is provided at the discretion of an employer this means that employers are not obligated legally to give them. Consequently, they have a great deal of discretion if and when such time may be taken by an employee.

The fact is an employer has a great of latitude in setting the terms and conditions of employment. For thir part, an employee can either comply or quit, their choice. This is known as "at will" employment.

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.

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