Federal holidays are recognized national observances that, for many, play a significant role in American culture. They offer employees an opportunity to take a break from work, celebrate important moments, and spend time with family and friends. However, when it comes to employee rights and employer obligations surrounding time off on federal holidays, many misconceptions exist.
In this blog, we will explore the legal framework around federal holidays, the rights of employees regarding time off and compensation, and the obligations employers must meet under both federal and Virginia law.
What Are Federal Holidays?
Federal holidays are designated by the United States government to honor significant historical events, people, and traditions. There are currently eleven federal holidays, including New Year’s Day, Independence Day, and Christmas Day, among others. These holidays are observed by government offices and many businesses across the country.
However, the fact that these holidays are federally recognized does not automatically mean that private sector employees are entitled to the day off. Federal holidays are primarily applicable to those on the federal government’s payroll. Laws applicable to private sector employment follow no overarching legal mandate requiring businesses to close or grant time off on federal holidays.
Are Private Employers Required to Give Time Off on Federal Holidays?
The short answer is no — federal law does not mandate private employers to give employees time off on federal holidays. While government workers are generally entitled to time off for federal holidays, private employers are not legally required to do so.
For private sector employees, time off on federal holidays depends on the individual employer’s policies, employment contracts, and, if applicable, collective bargaining agreements. Many companies offer federal holidays as paid time off (PTO) as part of their employee benefits packages, but this is a discretionary practice and not required by law. Employers may simply choose to remain open on federal holidays and require their employees to work, although some may offer extra pay or compensatory time off as an incentive.
Holiday Pay: Are Employees Entitled to Extra Pay on Federal Holidays?
Another common misconception is that employees are entitled to extra pay, such as time-and-a-half or double pay, if they work on a federal holiday. However, the federal Fair Labor Standards Act (FLSA), which governs wage-and-hour workplace issues, does not require employers to pay employees extra wages for holiday work, unless the employee also works overtime, i.e., when a non-exempt employee works more than 40 hours in a week.
Some employers still voluntarily offer holiday pay as a benefit to employees, often as an incentive for those who are required to work on federal holidays. The practice can vary widely between industries, with sectors like retail and healthcare far more likely to require holiday work due to the nature of their operations.
To determine whether you are eligible for holiday pay, it is crucial to review your employment contract or your company’s employee handbook. Many employers outline specific policies regarding holiday pay and compensatory time-off. Some may negotiate special terms with employees.
Virginia’s Approach to Holiday Pay and Time Off
In Virginia, there is no state law that mandates employers to provide time off or any additional pay for federal holidays. Like most states, Virginia follows federal law, which leaves holiday time off and pay decisions in the hands of private employers.
We advise Virginia employers, as a best practice, to clearly communicate their policies regarding holiday work and compensation to their employees to avoid misunderstandings. Employees should ensure they understand their rights and employer policies by reviewing their employment contracts and engaging in open discussions with their human resources departments if there is any ambiguity.
Religious and Cultural Observances: Do Employers Have to Accommodate?
While federal law does not require time off for federal holidays, there are specific employee protections that may be applicable for religious observances under Title VII of the Civil Rights Act of 1964. Employers with fifteen or more employees are required to provide reasonable accommodations for employees who wish to observe religious holidays as a part of their sincerely held religious belief, unless doing so would cause an undue hardship for the business.
A reasonable accommodation might include granting the employee time off or allowing flexible scheduling to enable the employee to observe a religious holiday. For example, an employee who observes religious holidays that fall outside of the traditional federal holidays — such as Yom Kippur or Ramadan — can request time off for religious purposes. The employer must accommodate the request unless it presents significant difficulty or expense to the employer’s operations.
Employees seeking time off for religious observances should approach their employer with a written request for accommodation well in advance and provide details of the holiday and the accommodation they are seeking.
Tips for Employees: How to Approach Holiday Time Off with Your Employer
If you are unsure about your company’s holiday time off policies, the best course of action is to review your employee handbook or speak with your human resources department. Some tips for navigating holiday time off and compensation discussions include:
- Understand Your Rights: Know that private employers are not legally required to provide time off or extra pay for federal holidays unless otherwise stated in your contract or company policy.
- Review Your Employment Contract: Check for clauses that detail your rights to holiday time off or pay and be aware of any collective bargaining agreements that might apply.
- Plan Ahead: If you require time off on a holiday, especially for religious reasons, make your request well in advance to give your employer time to make necessary accommodations.
- Negotiate Respectfully: If you want to discuss the possibility of extra pay or time off, approach the conversation respectfully.
Conclusion: Know Your Rights and Be Proactive
When it comes to federal holidays, understanding employer and employee rights and obligations is crucial. Federal law does not mandate private employers to provide time off or extra pay on these holidays, but many employers choose to do so as part of their benefits offerings. Employees should familiarize themselves with applicable employer policies, and know the questions to ask, when federal holidays roll around.
If you have questions or need any assistance concerning workplace concerns, please contact Doug Taylor at (703) 525-4000 or rdougtaylor@beankinney.com.
This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.