What is the law concerning taking off on a national holiday?

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What is the law concerning taking off on a national holiday?

I always thought you could take it off without penalty if you asked for the day off in writing before hand and without pay.

Asked on January 14, 2013 under Employment Labor Law, Kentucky

Answers:

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

Answered 8 years ago | Contributor

Absent a union agreement, employment contract or existing company policy allowing for taking off on national holidays, an employer can mandate the days that employees do or do not work, with or without pay. Since PTO is provided at the discretion of an employer this means that employers are not obligated legally to give them. Consequently, they have a great deal of discretion if and when such time may be taken by an employee.

The fact is an employer has a great of latitude in setting the terms and conditions of employment. For thir part, an employee can either comply or quit, their choice. This is known as "at will" employment.


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