Is it legal to not get paid for national holidays?

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Is it legal to not get paid for national holidays?

We can use PTO or vacation time if we have it but if you don’t then you just don’t get paid for it. Is this right?

Asked on December 31, 2012 under Employment Labor Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

First of all, there is no legal requirment that an employee be paid for holidays. Further, a company can control if and when PTO is taken. The fact is that providing such time is not an automatic; it is a discretionary benefit tht an employer may or may not provide. While most employees believe that they have the right to use PTO whenever/however they want, this is simply not the case. It is legally permissable for an employer to deny requests to use PTO, as well as mandating when and how such time is to be used (as in your situation).

Note: If there is a union/government agreement or exisitnf company policy that is contrary to this, it will control. Also, if you think that there has been some form of actionable discrimination, then you may recourse.


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