Can my employer choose to not pay the second half of a company wide halfday if I take the first half off?

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Can my employer choose to not pay the second half of a company wide halfday if I take the first half off?

For the company I work at on Christmas Eve, everyone who comes in that day will only need to work the first half of the day and then go home, and they will be paid for a full day. If I use a sick day for that day, they

say that I have to use the full sick day to be paid for a whole day, instead of being able to use a half sick day and being paid the free half day everyone else gets for showing up in the morning. Is this legal? It effectively reduces my time off for not showing up for part of 1 day. Which day it is shouldn’t be relevant. It seems like a withdrawal of benefits.

Asked on December 10, 2018 under Employment Labor Law, New York

Answers:

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

Answered 2 years ago | Contributor

The fact is that paying for holidays is not legally required. Accordingly, an employer can set the conditions of such pay (or most any other conditions) much as it sees fit, absent an employment contract or union agreement to the contrary.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is completely legal. Bear in mind that companies are under no obligation to have halfdays or paid holidays or anything of the sort. It is 100% voluntary on their part to pay you for not working on a half day. This being voluntary for them, they can put any restrictions or limitations they like on holiday/halfday pay, including the one you describe. You have no legal right to be paid for not working.


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