Can I claim Lost Wages for a holiday if returned from my injury the day after.

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Can I claim Lost Wages for a holiday if returned from my injury the day after.

I’m claiming lost wages from the dog owners insurance company for a dog bite. I missed the last two days of the work week because of the injury, but had a long weekend because it was Labor Day weekend, and I had asked for Labor Day off before the injury happened. However, it was nice to have that extra day off to recover and ice my wounds before returning to work. Can I claim lost wages for Labor Day?

Asked on October 24, 2019 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you cannot. You write that you returned to work after the holiday; therefore, you were not working (or rather: were not available & able to work) on the holiday or (as you write) the two workdays prior. There is no right in the law to paid holidays: employers don't have to offer them at all. If they choose to offer them, they may put restrictions or limitations on who get holiday pay. Those restrictions may legally include that you just have worked the days right before the holiday and/or have been able/eligible to work the holiday itself, and so that if you were out of work for any reason, you do not get holiday pay.


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