Claim your Copy of
Employee Orientation: How to Energize, Integrate, and Retain Your Newest Hires
Your email address will not be published. Required fields are marked *

 

Holiday Pay, Part 2: A Sample Policy

California Wage Hour
by jessica






Although neither California nor federal
law requires employers to observe legal holidays, giving employees paid time
off on some of the most widely recognized holidays is common practice and good
for workplace morale. If you’d like to put a holiday pay policy in place—or
retool an existing one—we’ve prepared this sample policy that you can tailor to
your organization’s needs. Keep in mind that it’s up to you to choose which
holidays to offer. (Note that another option is to provide the holiday time off
without pay.)

 

This sample policy
incorporates the California appeals court decision, discussed in Part 1 of this
two-part series on holiday pay, which holds that if an employee works on a
holiday and those hours put the employee into overtime for the day or week, you
don’t have to pay an overtime premium on top of a holiday premium.

 

Sample Holiday
Pay Policy

The company observes and
allows time off with pay for eligible employees on each of the following
holidays [Note: Many employers also include December 24, the day before
Thanksgiving, and a floating holiday]:


• New Year’s Day

• Washington’s Birthday

• Martin Luther King Jr.’s
Birthday

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• December 25

 

Eligibility: Full-time employees are
eligible for holiday pay. Nonexempt employees become eligible after they have
been with the company for three months. Exempt employees are eligible
immediately on joining the company. Part-time and temporary employees are not
eligible for holiday pay.

 

[Optional: Holiday pay eligibility shall further depend on the
employee’s working eight regular hours on the workday preceding and eight
regular hours on the workday following the holiday. The only exceptions to this
rule are when a supervisor approves holiday pay eligibility if the employee is
ill and has submitted a doctor’s statement, if the holiday falls during the
employee’s approved vacation period, or if the employee leaves work on the
workday before or after the holiday because of an industrial accident.]

 

Weekends: A holiday that falls on
a Sunday will be observed on the following Monday. If a holiday falls on a
Saturday, the company will select either the following Monday or the preceding
Friday as a

substitute holiday.

 

Vacations: If a holiday falls
within an eligible employee’s approved vacation period, the employee will be
entitled to an additional day off at the beginning or end of the vacation
period, or, at the company’s discretion, to pay instead of that day. [Or: A
holiday that falls within an eligible employee’s approved vacation period will
not count as a vacation day taken.]



Neither California nor federal law requires employers to observe legal holidays, but giving employees paid time off on some of the most widely recognized holidays is common practice and good for workplace morale


 

Work on holidays. At times, the company’s
business needs may require employees to work on a holiday. If this occurs, the
company will provide such employees with pay instead of the time off (as
described below). In addition, when an exempt employee is required to work on a
holiday, his or her department head may instead authorize time off with pay, at
a later date, equal to the amount of time worked on the holiday. Such time off
shall be at the mutual convenience of the company and the employee.

 

Pay rates: An eligible nonexempt
employee who is required to work on a holiday shall be paid 1½ times his or her
regular hourly rate for all hours worked on the holiday (up to 12). The
employee will be paid double time for hours worked in excess of 12 on a holiday.
An employee will not receive an overtime premium for any hours for which the
employee has received holiday pay.

Religious accommodation: Employees who need time off for religious observances should speak with their
supervisor or the human resources department. The company will reasonably  accommodate an employee’s sincerely held
religious belief.

 

SHARE THIS ARTICLE

0 Comments

Share Your Comments on This Tip

If you have comments about this tip and want to post them on this page to share your thoughts with other California Employer Daily readers, simply enter your comments below. NOTE: Your name will appear on any comments posted.

Your email address will not be published. Required fields are marked *