Can an employer cut allan employee’s pay for paid holidays?

Asked on November 4, 2011 under Employment Labor Law, South Carolina

Answers:

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

Answered 9 years ago | Contributor

To the extent that is has not yet been earned, an employer can do this. The fact is that holiday pay is not legally mandated. Paid time off, such as holidays, vacations and sick days are given at an employer'sdiscretion. Accordingly it can determine when, or even, if such time is given. So unless this violates company policy, or is prohibited by an union agreement or employment contract, or is the result of some form of actionable discrimination, cutting this pay is perfectly permissible.

Bottom line, an employer can set the terms and conditions of employment much as it sees fit. In turn, an employee can work for that employer or not, their choice. While cutting all holiday pay is seemingly unfair; it is legal.


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