Should holiday pay be based on the amount of hours that you work in a day?

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Should holiday pay be based on the amount of hours that you work in a day?

I work 35 hours a week in 4 days 8.75 hours Monday – Thursday. There is a holiday coming up Monday but my company is only paying us for 7 hours. They are saying we will owe them 1.75 hours for that holiday? I don’t understand because my schedule is 8.75/4 days a week. Shouldn’t the holiday be 8.75 still equals to 35 hours?

Asked on January 13, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, bear in mind that there is NO law giving private sector employees the right to a paid holiday: you could be required to come in and work that day (for no extra pay) or you could be allowed to stay home and not paid for that day. It is voluntary on thhe part of a company to offer paid holidays, and since it's voluntary, the company can set the terms and conditions. That means that the company is perfectly within their rights to say that a paid holiday involves pay for only 7 hours, not a longer schedule that you might work on an actual working day. Note that is discussion applies to hourly staff. If you are paid a salary (so that the number of hours actually worked does not matter), you should be paid the usual amount for a week in which you get a paid holiday.


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