By: Douglas Wade, Attorney
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There is no legal requirement for California employers to give their employees time off for holidays. According to the DLSE website, hours for weekends and holidays are treated like weekday hours. Therefore, employers do not have to close their business on holidays or have to give their employees time off for holidays.
Employers Do Not Have to Pay Employees Extra For Working on Holidays
Employers may give employees extra pay for working on holidays, but it is not required by law. Any holiday pay an employer gives employees must be paid as per the employer’s internal policy.
In the past, California has discussed bills that would require employers to give employees double-time pay rate if they work on Thanksgiving. However, none of these bills has been passed and therefore holiday pay is handled at the employer’s discretion.
Employers Must Give Employees Reasonable Accommodations To Observe Their Religious Holidays
Employers must provide reasonable accommodations to allow religious employees to observe religious celebrations. Reasonable accommodations will be evaluated on a case by case basis depending on the accommodations requested and the operations and size of the company. If businesses like restaurants require employees to work during holidays, then the employer’s policy should be communicated through the handbook and clear policies.
If the Employer Allows Paid Time Off For Holidays, Then They May Disallow The Employees to Accrue This Holiday Paid Leave
The employee does not need to be paid for the holiday leave if they leave their employment prior to the holiday. If the employer does allow holiday paid time off, then they should clearly describe the conditions of the paid time off and its accrual in the policy.
If Pay Day Falls on a Holiday
If the payday falls on a holiday when the business is closed, then the wages may be paid on the next business day.
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