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Q: Holidays I am legally entitled to ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Holidays I am legally entitled to
Category: Business and Money
Asked by: esarkissian-ga
List Price: $5.05
Posted: 11 Nov 2002 16:47 PST
Expires: 11 Dec 2002 16:47 PST
Question ID: 105673
I would like to know what Holidays my employer is legally bound to
provide me.
I work at a small company in Campbell, California which falls in Santa
Clara County.  I would also like to know if there is a difference if I
work full-time or part-time (30 hours/ week).  The company is an LLC I
believe, if that makes a difference.  Thanks.
Answer  
Subject: Re: Holidays I am legally entitled to
Answered By: mvguy-ga on 11 Nov 2002 17:56 PST
Rated:5 out of 5 stars
 
Hi,

I'm sorry to disappoint you, but under California law employers aren't
required to provide any paid holidays.  Most employers do, of course,
but not because they're required to by law.  Usually employers provide
holidays because it makes it easier for them to retain workers and
simply because it's a customary practice.  But if employers don't want
to provide paid holidays, there's nothing in the law to make them.

Here is what the California labor commissioner's office has to say on
the matter:

California Requirements for Time Off & Benefits
"There is no legal requirement to provide employees with paid
holidays. However, if you grant paid 'personal' or 'floating'
holidays, they are treated in the same manner as vacation pay. Other
paid holiday requirements are dependent on the employer's own policy.
"Unless there is a contractual obligation or company policy to do so,
it is not a legal requirement to pay overtime or premium pay for hours
worked on a holiday."
http://www.precisepay.com/Form%20Files/Resource%20Center/California's%20View%20of%20Benefits.htm

In other words, employees don't get paid holidays (or holidays off)
unless there's a labor contract or company policy that provides them.

Here is another source with similar information:

The Law and the Workplace
"Does your employer have to give you holidays off? No.
"[California] State law does not require your employer to give you the
day off on holidays (like Thanksgiving, 4th of July), or to pay you
extra if you work on a holiday. However if your employer does pay
extra (for example, double time) if you work on a holiday, they must
pay you what they promised."
http://www.siliconvalleydebug.com/story/lawfacts.html

California does in same cases have laws that provider more rights than
they do under federal law, such as a higher minimum wage and
guaranteed breaks and meal time.  But, unfortunately for you, a right
to paid holidays isn't one of them.

Best wishes,

mvguy



Google search term: "paid holidays" california labor law
://www.google.com/search?num=25&hl=es&ie=UTF-8&oe=utf-8&q=%22paid+holidays%22+california+labor+law
esarkissian-ga rated this answer:5 out of 5 stars
thank you.  Sorry for the late rating.

Comments  
Subject: Re: Holidays I am legally entitled to
From: voila-ga on 12 Nov 2002 13:57 PST
 
I'll confirm what my colleague mvguy has already stated.  As a drone
who has worked every holiday for the past 7 years, I've checked this
out extensively at both the federal and local levels.  People who
receive paid holidays these days should indeed consider them a "perk."
Subject: Re: Holidays I am legally entitled to
From: johnfrommelbourne-ga on 13 Nov 2002 07:38 PST
 
............come to Australia, my country or Europe where 4 to 6 weeks
a year is the norm for everyone(other than casual labour)who works one
year,(even one year only then resigns) guaranted by federal law - no
exceptions!! no matter what the job or who you work for,  private or
government. Of course the payrate may not be as high as that in the US
but I suppose that is the trade off.  France would seem to be the
extreme with 6 weeks a year for everyone but we certainly dont get it
quite that good in  Australia where the  minimum is four weeks and is
what nearly everyone gets (except a few on five) I note however that
my equivalants in the federal US postal service(USPS) get 5 weeks
every year regardless of whether they work shiftwork or not as long as
they have had good conduct over previous years.
 We also have Long Service leave here which means that for all
government workers an extra 3 months vacation on top of the four weeks
a year each year, after a full ten years service and for private
workers aftr 15 years, paid pro rata so the bosses cant cheat staff
out of their entitlements. I for instance after not taking some leave
over last few years have 8 weeks  annual vacation leave up my sleeve
plus 7 months Long Service Leave( also called furlough) that I plan to
use some of in trip to visit relatives in North Carolina for a couple
of months.

 JohnFromMelbourne

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