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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. |
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Subject:
Re: Holidays I am legally entitled to
Answered By: mvguy-ga on 11 Nov 2002 17:56 PST Rated: |
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:
thank you. Sorry for the late rating. |
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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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