We are in NC and want to give our employees a day off for their birthday. Some religions do not celebrate birthdays so we would like to give them a floating holiday after one year of employment with us. Do we have to pay this floating holiday to them if

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

We are in NC and want to give our employees a day off for their birthday. Some religions do not celebrate birthdays so we would like to give them a floating holiday after one year of employment with us. Do we have to pay this floating holiday to them if

We are in NC and want to give our employees a day off for their birthday. Some religions do not celebrate birthdays so we would like to give them a floating holiday after one year of employment with us. Do we have to pay this floating holiday to them if they leave/terminated from the company after a year?

Asked on May 9, 2018 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you pay out birthdays off even if the employee quits, then you'd need to pay the "religious floating holiday" so as to avoid engaging in religious discrimination: that is, employees need to be treated the same regardless of religion. But if you don't pay nonreligious employees for their birthday day off if they leave, you would not have to pay the religious employees. Just make sure to treat everyone the same.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption