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California Paid Holiday Requirement

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Are Employees Entitled to Paid Holidays?

So the question is whether in California employees can have paid holidays; whether an employer is required to provide a paid holiday. So there is a common conception (it’s really a misconception) that employers are required to provide paid holidays. For example, national holidays, Independence Day Thanksgiving, Christmas, New Year’s, things like that. But in California, under state law, there is no requirement to offer employees paid time off for those holidays. They don’t even have to give holiday pay for for an employee working on the holiday. 

 

If the employer provides a paid holiday, or holiday pay, if the employee works on the holiday, that is from pure generosity, generally speaking. There are many employees that believe that they’re entitled to a paid holiday. But that is actually not the case. Businesses many times choose to stay open, while there are holidays going on. Our law firm, for example, at our law firm, we are going to be open during holidays, especially when the accidents have been increasing, and people are going to be in need of an accident lawyer. Or if there’s there’s other sorts of work employment related issues that are occurring on those holidays. 

 

 

 

Are There Exceptions?

So there are certain exceptions that could influence whether a person is entitled to paid holiday. 

 

1. Policy: Let’s say that a company has a policy. So if it’s part of a policy, that there are certain employees, a class of employees that are going to get paid holidays, or holiday pay on a holiday, then that employee may be entitled to holiday pay compensation. 

 

2. Offer Letter States Paid Holiday: The second exception that we’re going to identify here is whether there is the paid holiday rate in an offer letter. Sometimes in the beginning of an employment, the employee will sign an offer letter saying that they are entitled to this certain holiday pay once it’s been offered to them. 

 

3. Contract States Paid Holiday: The third exception that we’ll identify is whether it’s in an employment contract, whether there is a fully enforceable contract between the employer and the employee, very similar to an offer letter that shows that the employee is entitled to some kind of holiday pay or paid time off for the holiday. 

Conclusion

Generally speaking, if the employer denies the employee holiday pay, then it’s typically not actionable. But before making a determination on such a thing, it’s best to consult with an attorney, there could be all sorts of exceptions. Perhaps there’s some discrimination going on, where a certain people of race or ethnicity are getting the holiday pay, whereas the other ones are not. If it’s buried in some legalese, and the employee actually is entitled to the holiday pay. And things of the like, it’s important to consult with an attorney regarding this to see what the actual determination could be whether you’re entitled to some kind of benefits.

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