Does my company have to pay for holidays when those days are my last with the company?

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Does my company have to pay for holidays when those days are my last with the company?

I am quitting my job and last week I handed my boss a 2 week notice. My last week will be the week of Thanksgiving. My office is closed Thursday and Friday. Since I told them that the Friday after Thanksgiving would be my last day do they have to pay me for the holiday or can they tell me that since Wednesday is my last day actually working in the office that I can’t get paid for the holiday?

Asked on November 15, 2011 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

First of all, holidays are paid at the discretion of an employer; it is not legally required. This is true even if other employees are receive it, unless some form of actionable discrimination is a factoriis not being paid. The fact is that not all employees must be treated equally. That is unless there is a union agreement, employment contract, or company policy to the contrary.

Additionally, a 2 week notice is a courtesy not a requirement. So even if it is given by an employee, an employer need not honor it. This means, that in your case, your employer could make the day before the holiday your last.

All of this comes under "at will" employment. Accordingly, an employer has a great deal of discretion in setting the terms and conditions of the workplace. This includes when a worker's employment ends.


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