Can my employer decide to decrease my paid holidays wheneverit wants?

I used to get 9 holidays and all of a sudden was verbally informed that I would no longer have Columbus Day and one other holiday; I would only have 7 paid holidays now.

Asked on September 21, 2011 under Employment Labor Law, Massachusetts


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

Answered 9 years ago | Contributor

The fact is that there is no statute, either federal or state, that requires an employer to give employees paid holidays. As such, providing such time is a discretionary benefit that an employer many choose to give or not. Accordingly, it has a great deal of discretion over who gets them, how many are given, and whether or not to allow them all. Therefore, if an employer chooses to cutback on the amount of paid holidays that an employee receives, it is perfectly permissible under the law.

The above holds true as long as there is not union agreement, employment contract, or exiting company policy to the contrary. Also, the decrease of paid holidays must in no way be the result of actionable discrimination.

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 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.