Can my employer pay everyone in the company holiday pay on Thanksgiving and not me because Thursday is my scheduled day off every week?

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Can my employer pay everyone in the company holiday pay on Thanksgiving and not me because Thursday is my scheduled day off every week?

My employee handbook states that it’s a paid holiday. My boss told me that I do not get paid because it’s my scheduled day off every week. I asked for an observance day and was denied and was told there is no extra day off or extra pay for me. I than followed it by saying: “I do not get paid for Thanksgiving because of my scheduled day off but everyone else does?” His response: “Yes.”

Asked on November 22, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, your employer has acted properly. A paid holiday only applies if it falls on a day when an employee would normally work and be paid--there is no need to provide pay for someone who ordinarily gets that day off, any more than there would be need to provide pay for someone if a holiday feel on a weekend (for someone working the usual M to F week); or to an employee who was out on medical leave; or to an employee suspended or furloughed at the time; etc.


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