Is it legal if I was denied holiday pay for not working a full day after the holiday but a fellow employee was granted holiday pay under same scenario?

I reported to work the day after New Years’ Day and left after 1.5 hours due to sickness. I went to doctor and was diagnosed with bronchial pneumonia. I was out for the week and provided a doctor’s note. However, I was denied my holiday pay and forced to take an unpaid day. A fellow employee, under the same scenario, was grated their holiday pay.

Asked on November 16, 2018 under Employment Labor Law, Delaware


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

Answered 2 years ago | Contributor

The fact is that not all workers need be treated the same or even fairly unless their differing treatment is the result of legally actionable discrimination. In other words, is due to their race, religion, age (over 40), disability, gender or nationality, etc. Otherwise a company can set the conditions of the workplace much as it sees fit unless the terms of a union agreement or employment contract are violated. 

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