Are Employers Required to Give Holiday Pay or Paid Holidays? (2024) – California Labor and Employment Law (2024)

Are Employers Required to Give Holiday Pay or Paid Holidays? (2024) – California Labor and Employment Law (1)When it comes to holidays, many employers in California and across the country tend to give employees either the day off with pay (“paid holiday”), or give extra pay for hours worked similar to overtime pay (“holiday pay”). The most common paid holidays are:

  • New Year’s Day
  • Memorial Day
  • Easter
  • Independence Day (4th of July)
  • Labor Day
  • Thanksgiving Day
  • Christmas Day

I hate to dim your holiday cheer, but: neither federal law, nor California law, requires employers to give holiday pay or paid holidays. This is true whether you are an exempt salaried or non-exempt hourly paid employee. So if your employer gives holiday pay, that’s great. If not, there isn’t much you can do, legally, about it.

As usual there are exceptions: e.g., if your employer has a holiday pay policy or practice, if holiday pay is promised for in your offer letter or employment agreement, if your union collective bargaining agreement requires holiday pay, etc. In those cases, the employer may be contractually bound to give you holiday pay or paid holidays. If that’s the case and you are being denied holiday pay, you should consider filing a labor board complaint.

By the way, studies have shown that paid time off boosts employee morale and can lead to higher productivity and reduced employee turnover. According to Forbes Magazine:

If employees would take just one additional day of earned leave each year, the result would mean $73 billion in output for the U.S. economy and positive impacts for both employees and businesses.

So if your employer is being a Scrooge about holiday pay, maybe point them to that Forbes article. Or consider looking for a more enlightened employer to work for. Happy Holidays!

Are Employers Required to Give Holiday Pay or Paid Holidays? (2024) – California Labor and Employment Law (2024)

FAQs

Are Employers Required to Give Holiday Pay or Paid Holidays? (2024) – California Labor and Employment Law? ›

California law does not require employers to provide you paid days off for holidays or to give you overtime/premium pay (“holiday pay”) for working on holidays. There are also no legal requirements that a business: close on a holiday, give you a day off for a holiday, or.

Are employers required to pay holiday pay in California? ›

Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday.

What is a legal holiday in California? ›

Currently State holidays observed by the State Treasurer's Office are January 1 (New Year's Day); the third Monday in January (Martin Luther King Jr.'s Birthday); the third Monday in February (President's Birthday); April 1 (Cesar Chavez' Birthday Observed); the last Monday in May (Memorial Day); July 4 (Independence ...

What is the new sick pay law in California 2024? ›

español. Starting on January 1, 2024, employers must generally provide 5 days or 40 hours of paid sick leave to their employees in California.

Is vacation pay mandatory in California? ›

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time.

How many paid holidays are employees entitled to in California? ›

Which Holidays Are Paid In California? This varies based on the company, but generally, the following holidays are paid in California: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.

Do you have to work the day before to get paid for the holiday? ›

Yes. For example, an employer may require that employees work or be on an approved leave status the day before and after a holiday in order to receive holiday pay. An employer may also require an employee to have worked for the company for a specified period of time before being eligible for holiday pay.

Is it illegal to not get holiday pay in California? ›

I hate to dim your holiday cheer, but: neither federal law, nor California law, requires employers to give holiday pay or paid holidays. This is true whether you are an exempt salaried or non-exempt hourly paid employee. So if your employer gives holiday pay, that's great.

Is Labor day a holiday in California? ›

(KTXL) — In California, there were 11 holidays that the state observes every year. New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas are all federal holidays.

How do I claim holiday pay? ›

If an employer does not correct a problem with holiday pay, an employee could make a claim to an employment tribunal. There are strict time limits for making a claim to an employment tribunal. In most cases, an employees has 3 months minus 1 day from the date of the most recent wrong holiday payment.

What are the new PSL rules for 2024? ›

California's amended Paid Sick Leave (PSL) law introduced notable changes for California employers effective January 1, 2024. The amended PSL law now requires employers to provide the greater of 5 days or 40 hours in annual paid sick leave for eligible employees.

Can an employer require a doctor's note in California 2024? ›

California Employment Law Context

California law does not explicitly mandate employers to require a doctor's note for sick leave. However, some employers still insist on it.

Can my employer force me to use sick time in California? ›

The employer cannot require that the worker use paid sick leave; that is the worker's choice. If the worker decides to use paid sick leave, the employer can require they take a minimum of two hours of paid sick leave. The determination of how much paid sick leave will be used is up to the employee.

How does holiday pay work in California? ›

Employers who provide holiday benefits usually either give you a paid day off or pay a premium rate. California law does not require employers to provide you paid days off for holidays or to give you overtime/premium pay (“holiday pay”) for working on holidays.

Is California a use it or lose it law? ›

Vacation Accrual Caps in California

Unlike some other states, California does not allow "use-it-or-lose-it" vacation policies. Under a "use-it-or-lose-it" policy, accrued vacation must be used by a certain date – usually by the end of the year – or it is forfeited.

How many sick days are required by law in California? ›

Under a new law, employees in California are guaranteed five paid sick days a year, two days more than previously.

What if payday falls on a holiday in California? ›

If payday falls on a holiday, the employer may pay on the next business day after the holiday. Under California law, employers may pay on the next business day after the holiday.

How many holidays does California have a year? ›

In California, there are 11 state holidays on which state offices/schools are closed and state/school employees are paid.

Is Christmas a federal holiday? ›

This separation of church and state means the government cannot establish a state religion or “endorse” a particular religion. And yet, Christmas is a federal holiday. Christmas, a day celebrating the birth of Jesus, whom Christians regard as the Messiah, is the only religious holiday with such status.

Do floating holidays carry over in California? ›

According to the California Division of Labor Standards Enforcement, a floating holiday in California is the same as vacation time. As such, the laws that apply to vacation time also apply to floating holidays. Any unused floating holiday days must roll over from one year to the next.

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