if you miss or take the day off before the holiday do you still get paid for the holiday?? Legally?? i know you wont get paid for the day before.. On thanksgiving they didnt pay an employee here cuz he took the day off before thanksgiving and called in the day after... and they didnt pay him.. another employee missed the day b4 christmas and came in the day after should these employees get paid??? we are in california
2007-12-27 06:17:14 · 9 answers · asked by Chunkerbutt 2 in Politics & Government ➔ Law & Ethics
there is no handbook or policy.. they just make it up as they go.. really.. just like salary pay... its insane...
2007-12-27 08:35:21 · update #1
Holiday pay is at the discression of the employer not the law. 99% of the employers don't pay for a holiday if you call off the day before or after.
2007-12-27 06:28:14 · answer #1 · answered by wizjp 7 · 3⤊ 0⤋
There is no law in existence that says that a company HAS to pay you at all for the holiday.....usually it is a "company perk". If the company gives their employees paid holiday time off, they can require that you be in the office the day before and/or the day after. I have worked for companies that require you to be present the day before and the day after the holiday to get paid for the holiday (unless it is scheduled vacation time). I have also worked for a company that will pay you for the holiday but if you take sick time before and/or after then the holiday is considered a sick day....and benefits from your sick time bank is removed. It is based on what policy they have in effect. The on ly thing the company HAS to pay you for is time that the employees actually work!! The companies are also not required let people off for the major holidays...it is a benefit/perk.
2007-12-27 06:32:36 · answer #2 · answered by Nicki B 3 · 0⤊ 0⤋
If it is in the employee handbook that certain Holidays are paid, they have to pay for that Holiday. If no handbook then look at job description or company policy.
Most companies do not pay for the day before or after. So if you called in Christmas Eve or the day after then you will not get paid, unless you use vacation or personal time.
They should still pay you for the Holiday.
I do believe the following Holidays are considered Holiday pay for most companies:
New Years Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Some add more days to give their employees more time off.
2007-12-27 06:29:55 · answer #3 · answered by swimbike21 4 · 0⤊ 2⤋
There is no law in California requiring an employer to pay holiday pay under any circumstances. As such, an employer can make their own rules about holiday pay and you do not have a case unless they violate the rules.
It is common for employers to require an employee to work the scheduled days before and after a holiday to receive holiday pay.
2007-12-27 06:31:05 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋
I wouldn't voluntarily pay holiday pay. He has, as has been said, broken the terms of his contract by not turning up for work without giving notice. Let him request the holiday pay - I'd be surprised if he pursues it. If he does - suggest that he take the matter to court and that if he does you will issue a counter claim for the loss of business and additional expense of short-term cover behind him (it's a bit of a bluff, but I bet it'll work). It is not an adequate defence on his part to claim that he left early by taking a week's annual leave. If he did not give you advance notice of his intention to do so he is in breach of his contract. The answer below from Michael H is factually incorrect. If the person had been dismissed the situation would be different and you would be required to pay all outstanding money owed up to that point. However, this is not the case. This employee has left owing you at least one weeks' labour and in breaking his contract is liable to be sued by you in a court of law. My advice stands - do not pay it, wait for him to make a claim.
2016-05-27 03:58:52 · answer #5 · answered by ? 3 · 0⤊ 0⤋
This is usually something that is company policy. Most require you to work the day before and the day after to get the holiday pay. Unless you have arranged to have these days off as vacation time or they are your regular scheduled days off.
2007-12-27 06:27:42 · answer #6 · answered by mnwomen 7 · 2⤊ 0⤋
It all depends on the companies policy. Most companies I've worked for you had to be present the day before and the day after to get paid for the holiday (unless you were on approved vacation days).
2007-12-27 06:23:54 · answer #7 · answered by Anonymous · 2⤊ 0⤋
I am not sure if there is a specific law on this in California or not but I do know that sometimes your employee handbook controls. Take a look at you employee handbook. Provisions such as you have described are fairly common.
2007-12-27 06:27:55 · answer #8 · answered by Eric D 3 · 0⤊ 1⤋
It is all company policy. I don't believe it is illegal if they do not pay you even for the holiday.
2007-12-27 06:45:38 · answer #9 · answered by Anonymous · 0⤊ 0⤋