Can a company not pay you for holiday pay if the holiday is on a Saturday or Sunday?

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Can a company not pay you for holiday pay if the holiday is on a Saturday or Sunday?

After one year employees will get holiday pay. The 4Th of July is on a Saturday my company gave me a letter saying that they will not pay us or take any day off to observe it because it is not Monday/Friday. I was told to put the letter in my company fold. I did not sign to this letter in the company procedure. What can i do EEOC? What?

Asked on June 21, 2009 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends on exactly what is said in your employment contract or union agreement (if you have one), or employee handbook (if there is one). If there is some written agreement or policy, that will control.

However, leaving that aside, the general answer is that holiday pay typically means that you are paid for a day that would *normally* be a workday but on which the company is allowing you to not work, because it is a holiday. Unless you would normally work on a Saturday, there would typically be no "holiday pay" because you are not missing/losing a day of work to observe the holiday. Note also private employers are under no obligation to close for a holiday at all--it is a "gift," so to speak, from the company to get a paid holiday, and like all gifts, the giver (the company) can decide whether to give it or under what conditions. (Again, things would be different if there was a contract setting forth different terms.)


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