Employer Holiday Pay Requirements in Florida

January 4th, 2006 Posted by Adrianne

The State of Florida has no laws that require an employer to give vacation or holiday leave to their employees, although some employers do provide these benefits as part of their labor costs, as such leave has been known to contribute to employee morale.

Under the U.S. Fair Labor Standards Act (FLSA), employers are not required to pay their employees for time not worked, including vacations, sick leave or holidays (federal or otherwise). Such payment is optional and between the employer and employee, or the result of some sort of collective bargaining agreement.

In the case of employers who do choose to pay their employees for holidays, most follow the standard that an employee who performs any work during the workweek in which a named holiday occurs is entitled to the holiday benefit, regardless of whether the named holiday falls on a Sunday, another day during the workweek on which the employee is not normally scheduled to work, or on the employee’s day off.

Employers who do pay their employees for holidays can restrict this somewhat, such as stipulating that employees must be employed a certain amount of time before receiving holiday pay, or that employees are required to work the day before or the day after the holiday in order to receive holiday pay.

For employees who did not work during the work week in which a recognized holiday occurs, they usually do not get paid for the holiday, unless the employee is on paid vacation or sick leave. If employers do choose to pay their employees for holidays, they must pay full-time employees a full day’s pay up to 8 hours.

Employers must also follow the pattern of any other consistently scheduled employee, such as pay a worker who normally works 6 hours those 6 hours for the holiday, or an employee who normally works 4 hours those 4 hours for the holiday. Again, this is only if the employer chooses to pay for holidays, which they are not legally required to do.

The Florida laws are all detailed on the Florida Complete Labor Law poster along with all of the most up to date federal laws.

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64 Comments >> Posted in Employee Benefits,Flordia,Paid Leave,Vacation

  1. Posted by: Bo

    I work for an employer that charges us vacation/sick time when we do not work 40 hours. This is in Florida. Is this legal?

  2. Posted by: Amelia

    Hi Bo! Yes, this is legal. In fact, it is the main purpose of vacation and sick time…to give employees paid time off when they do not or cannot work. (In most states, including Florida, this is legal even for exempt salaried employees, as long as the employee takes the full day off.) An additional purpose of vacation or sick time is to limit the total amount of time that an employee can take off. Once the employee has used up all his or her sick or vacation time, the employee can be disciplined or terminated for taking additional time off — even if the time off is unpaid. (Under some circumstances, employees may be entitled to unpaid time off under FMLA or ADA.) HTH, and thanks for reading the blgos!~ Amelia

  3. Posted by: Dee

    I work for a doctor who wants to closed on memorial day but without pay.Thats 8 hours less on our pay.. We want to stay open for our hours. Can she force us to close without pay?

  4. Posted by: Amelia

    Hi Dee! Yes. It is the employers choice whether the office will be open on Memorial Day or not. If the employer closes the office and employees do not work, there is no requirement that employees be paid for that time. Sorry, wish we could be more helpful. ~ Amelia

  5. Posted by: KIM

    My company offers holiday pay. However, I’m the only employee that is scheduled for a 10-hour day, 4 days per week. So when the holiday rolled around they only want to pay me the 8 hours that everyone else gets, not my full scheduled day. Is that legal?

  6. Posted by: Amelia

    Hi KIM! There is no federal or Florida law that requires employers to offer paid holidays. If the employer does offer paid holidays, the employer sets the rules concerning it. Many, many employers will not pay a worker for more than 8 hours of holiday pay, regardless of how many hours the employee is usually scheduled to work. If the employer took this action based on your sex, race, color, etc that would be illegal discrimination. However, it is clear from your post that this is based on your work schedule, so it is not illegal discrimination.
    We presume that you want to work 4 days per week, 10 hours per day. That schedule has some advantages (3-day weekends every week) but it also has some disadvantages (lower holiday pay.) Only you can decide if the schedule is worth it to you. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Bobbi

    Message
    My husband’s normal day off is Monday. Every Holiday that falls on a Monday is a paid holiday for him – so he gets an extra 8 hours. Today. he gets his check and the check doesn’t have his 8 hours in it. The employer said they are no longer paying him for his Monday holiday pay. Is this legal>

  8. Posted by: Amelia

    Hi Bobbi! This may be legal, if other employees are being treated the same way. There is no law that an employer must provide paid holidays to workers. If the employer chooses to provide paid holidays, the employer sets the policy under which they are paid, and can change that policy — as long as the policy is applied fairly to all employees.
    In most organizations, an employee who is usually off on Monday would receive Tuesday (or another day during that payroll week) off with pay for the holiday. Or, the employee would work his or her normal schedule, and just be paid 8 hours (regular rate) more than they actually work for the holiday. However, there is no law that this must be so.
    If other employees of a different race, color, religion, national ancestry, sex, etc. are off on Monday, and are paid for Monday holidays, then this may be illegal discrimination.
    Ideally, the employer would have informed employees of this change of benefits in writing, in advance. But even if they fail to do so, the change is still lawful. HTH, and thanks for reading the blog!~ Amelia

  9. Posted by: amy

    what are the standard laws about working on a holiday and recieving overtime for the week? My company pays holiday pay, but what if I work it and then exceed 40 hours in the week. Do I get double pay plus overtime? My company pays double time for working a holiday.

  10. Posted by: Amelia

    Hi Amy! Under federal law, employees are entitled to overtime at a rate equal to 1.5 times the employee’s average rate, when they work more than 40 hours per week. There is no law that an employer must pay workers a higher rate for work performed on a holiday. When the employer chooses to do so, the employer establishes the policies regarding that premium pay. However, generally companies that pay double-time on a holiday would not pay overtime in addition to it. This satisfies the legal requirement for overtime, since the employer is already paying a rate that is higher than the required overtime rate. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Cat

    I work in Ohio. A Federal holiday falls on a Saturday. We are normally open for 8 hrs on Saturday, and only a handful of people are scheduled to work. Since we’re closed on that particular Saturday, our employer is paying those normally scheduled for the holiday. Is he required to pay the rest of us, too, if it isn’t a regulary-scheduled work day for us?

  12. Posted by: Amelia

    Hi Cat! No, the employer is not required to pay you. There is no law in the US that any employer must offer paid holidays, ever. If the employer chooses to offer paid holidays, the employer establishes the policies related to them.
    When a holiday like July 4 falls on a weekend, and the employer is closed on that day, many employers will give employees the Friday before or Monday after off, with pay. However, there is no law that the employer must do so, as long as they treat all employees scheduled to work fairly and consistently. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: dennis

    My employer doesn’t normaly work holidays. Is it a choice to work on holidays and can they legaly fire me for not working ? They want me to work on the fourth which is a holiday and a saturday whick we usually dont work saturday.

  14. Posted by: Amelia

    Hi dennis! Yes, the employer can require that you work on July 4th even though it’s a holiday and a Saturday. The employer can fire you for not working it. There is no law in the US that employers have to give workers any holidays off, with or without pay, ever. Millions of people across the country, from ER doctors to gas station attendants, police officers, paramedics, hospital orderlies and hotel maids work every holiday. HTH,and thanks for reading the blogs!~ Amelia

  15. Posted by: Hilda

    I am under salary (the only one employee working in a office -Bookkeeper-) in a retail store. My regular schedule is Monday to Friday (40 hours a week) Do I have to work on Sunday, without overtime payment, only because the owner required me to do it? Can he fire me if I am not going to work on a Sunday? to do Inventory even if I don’t know anything about it, It was never my department. He threatened me to find another job. and I am working for him for 9 !/2 continuous years, in which I have never worked weekends.
    Do I have any rights under law?

  16. Posted by: Amelia

    Hi Hilda! Unfortunately, yes, the employer can suddenly require that you work on Sunday (or every weekend) without paying overtime. It appears that as a bookkeeper you are genuinely an exempt salaried employee. That means you are not entitled to overtime when you work more than 40 hours per week. The employer has the right to require that you work any number of hours — even 80 hours per week or more. And, he can terminate you if you do not work the required hours. Even though you have worked Monday through Friday for 9.5 years, there is no federal law that prevents the employer from changing that.
    However, employers are required to make reasonable accommodation for an employee’s sincerely held religious beliefs, under Title VII of the Civil Rights Act. If your religion requires you to attend church on Sunday morning, the employer would have to make accommodations for that. Or, if your religion requires that you do not work on Sunday, the employer would have to make a reasonable accommodation — perhaps by requiring that you do inventory on Saturday night after the store closes. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: Keith

    In Florida: Can an employer decide to only pay holiday pay to employees that start after a certain time of day? For example, considering that all employees have the same title and wage, one employee works from 6:00am-2:00pm, and 3 other employees work from 2:00pm-10:00pm. Can the employer decide to only pay holiday pay to those who work after 2:00pm? Or even after 12:00pm, paying the one employee for only 2 hours, while paying the others for 8 hours? While I understand that employers are not required to pay holiday pay, and can make the rules governing holiday pay to an extent, aren”t they required to maintain similar standards for all employees once they choose to pay holiday pay?

    Thanks.

  18. Posted by: Amelia

    Hi Keith! You are right — employers are not required to offer holiday pay and can make the rules governing it. You are also right, that the employer must enforce those rules consistently. However, if the employer pays every employee who works after 12 noon holiday pay, then the employer is applying the rule consistently. If the employer decided to pay only African American employees who worked after 12 noon a holiday premium, that would be illegal discrimination. What this employer is doing is entirely lawful. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Shannon V.

    Hi, I was just wondering. We have an employer here in florida that is open on thanksgiving day. The people are required to work that day and not given the option to have off. Are they able to get away w/ paying only regular hourly wages? I thought if it was a holiday and you are scheduled to work, you got paid time and a half? I know that if you had the day off you wouldn’t get paid as a holiday, but what if you do work, doesn’t law require they pay you that time and a half? Thanks.

  20. Posted by: Amelia

    Hi Shannon! No, there is no Florida or federal law that employees must be paid a higher rate for working on a holiday. (There is no state that requires higher holiday pay in all industries.) A Florida employer must pay workers for the time they work — period. Many, many organizations including hotels, restaurants, gas stations, convenience stores, hospitals and fire stations are open 365 days per year.
    If the employee works more than 40 hours in the payroll week, then he or she must be paid overtime. But there is no law that requires a higher rate for a holiday. In fact, from a legal perspective, there is no such thing as a holiday in employment law. Many countries have laws that employees must be off on certain days. The U.S. does not. The term “federal holidays” simply refers to days the post office and other federal government offices are closed. They are not holidays that every employer must observe, by law.
    In the U.S. it is up to each employer to decide which holidays they will observe — if any. And it is up to each employer to decide if they will offer paid holidays, pay employees a higher rate for working on holidays, or not. HTH, and thanks for reading the blogs!~ Amelia

  21. Posted by: shannon

    Thanks so much for the quick response!

  22. Posted by: Amelia

    Hi again, shannon! You are more than welcome. Please feel free to post any additional questions you might have!~ Amelia

  23. Posted by: Sonny

    I was recently fired on a Thursday. I worked for them without taking a single hour of vacation the entire year I worked there. When fired I had 42 hours saved of vacation time and about 36 for sick time. Am I entitled to any of the vacation? Thanks!

  24. Posted by: Amelia

    Hi Sonny! Unfortunately, no you are not entitled to any vacation pay upon termination in Florida. Several states have laws that require this — Florida does not. If the employer has a written policy stating that they will pay employees unused vacation at termination, then you may be able to collect in small claims court. But Florida is one of the most difficult states in which to collect vacation pay.HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: Dan

    Hello Amelia, last Friday I was told by my manager that they are converting my full-time position into a part-time position due to the “economic” recession. I have a couple questions on the matter. One, can they do this legally and automatically reclassify my position as part-time? Secondly, would moving my job from full-time to part-time reconstitute as a new job? Because if it is, then I would rather have them lay me off so all my contractual agreements with them would be negated.

  26. Posted by: Amelia

    Hi Dan! The answer is “yes” on all counts. Your employer can unilaterally change your full-time job into a part-time job. (Or, they could eliminate it entirely.) However, from a legal perspective, what they are really doing is eliminating the full-time job and offering you a part-time job. You can decline the part-time job. Essentially you will be quitting your job. When an employee quits a job because the employer has made significant changes in working conditions, hours or wages, the employee usually qualifies for unemployment benefits. So you can certainly say “thanks, but no thanks” to the part-time job.
    Note that if you work under the new wages, benefits or hours for even one day, you have “accepted” the new job. If you quit after that point, you will not qualify for unemployment benefits.
    However, you may want to give it some thought before you quit. Many employees qualify for partial unemployment benefits when their hours are reduced from full-time to part-time. And it can be much easier to find a job when you are still employed. So one option would be to keep the part-time job and collect partial unemployment while looking for a better job.
    If there are performance criteria in your current agreement that you cannot meet as a part-time employee, the employer may be willing to renegotiate them. HTH, and thanks for reading the blogs!~ Amelia

  27. Posted by: Dan

    Thanks Amelia! Perfect answer.

  28. Posted by: Amelia

    Hi Dan! You’re very welcome! Feel free to post any additional questions you might have!~ Amelia

  29. Posted by: Hida

    Dear Amelia
    My case is similar to Dan case. Last Friday my boss communicate in a meeting to all his staff, that he is going to start to cut hours because the financial situation, I am the bookkeeper, the only one under salary, (apparently) with almost 10 years (feb/10) working for him. At the end of the meeting he went to my office and told me that I was a different case than the other employees, because he is going to cut the salary to then and he is going to give me one day off (Friday) and then I can find something to do, like baby sitter or …. I was in shock and I asked him if that means I was under part time, but I had no answer yes or not. Also I asked for 2 weeks of vacation I have and I need it for December. He said no problem. He tried to confuse me; at that moment it was the time to go home and I was very worry about my daughter who was in a very critical condition at the ER hospital.
    I went direct to the hospital and I was there the whole weekend. On Sunday at 11:52 am I received a phone text message from a coworker telling me that my boss told her to inform me that my schedule was changed by cutting half hour at morning and half hour at the afternoon. I did no understand with this new change it could affect more my salary. No only one day, but one more hour daily.
    Like I was exhausted with mi daughter situation I decide to go on Monday and ask in person. I clock in at the morning. My boss called to the store at 10;40 am by phone asking me for one report but I asked first I have to know how is going to be my salary, he said he will be in 30 minutes there, but I did no want to start to work until I have an answer. I insisted to tell me by phone, he did not answer me and then he hang up on me. He came into the store after 11 am with his son. At the moment he call me my eyes were very red I was crying, and he told me that I can cry outside the store. This it was too much for me. And I decided to talk to his son because he continues busy. His son explained to me that they had being searching with the accountant ant the payroll company about it, and they decided to cut to the others employees 10% of their salaries. I asked why for me it was the 20%. He said because it was the highest salary. I asked how will affected the new schedule, and he answered that my salary was cutter with the 20%. I asked What about if I don’t accept it? He said is my decision. I asked him, what they are going to do. He said. Then I have to make a decision. I told him that I was leaving, he ask me for the day o for ….. I said, for today I can no work like this. I did not sleep and eat for 3 days. He said Ok, take today and tomorrow and then come back on Wednesday. I clock out at 11:45 am
    He never before paid unemployment, his way are cutting hours and days or make then feel badly with complains etc, and the employees have to quite
    I would like to know if I have any chance to claim unemployment. Or if I have to show up today or maybe requested for my vacation right now because my daughter condition, then I have time to do something else.
    I am very confuse
    I will appreciate your advice.

  30. Posted by: Amelia

    Hi Hida! We are so sorry to hear that your daughter is in the hospital. That is making this a much bigger problem for you, because you are handling both a personal crisis and a work crisis at the same time.

    You mention that you are the only salaried employee, but not whether you are exempt or non-exempt. We will assume that you are exempt. (If not, post another question.)

    To be honest, we don’t think that the employer has done anything wrong. Due to economic conditions, many, many employers are cutting salaries for exempt employees by 20% or more. If the employer does not take this action, they may go out of business — and then no one will have a job at all. Legally, your employer could do this without any change in your hours, as long as you still earn at least $455 per week, before taxes. So your employer is being more than fair, by giving you Fridays off, and having you work 1 hour less per day.

    You showed very poor judgment when the employer asked for a report and you refused to work until he discussed salary with you. A less understanding employer would have fired you at that moment, for insubordination. The employer is also being very fair to give you a few days off, since it sounds like you do not qualify for FMLA to stay with your daughter. And, the employer has a valid point — it’s understandable that you would be upset, but you need to focus on getting the job done at work, not crying all the time. Taking your vacation right now, to focus on your daughter, might be a good idea.

    If you quit because you refuse to accept the new salary, you may qualify for unemployment benefits in Florida. But frankly, that would be a bad decision in this economy, when it is very hard to find a job. One in 10 Americans has no job at all, and many of them have been out of work for more than 18 months, so they no longer qualify for unemployment. They have no money coming in at all. If you stay on the job, you can apply for partial unemployment because your hours have been cut 20%. That would be a much better idea. Then, you can use the extra time to look for a better job.

    It looks to us like your employer is being very understanding. When you said “I cannot work like this” many employers would interpret that to mean that you quit the job. The employer is not trying to make you quit. He’s just trying to stay in business until the economy gets better. So our advice is that you return to work, and do a good job while you are there. Use the first Friday you are off to apply for unemployment. Talk to the employer and ask if you can take vacation to be with your daughter — but make sure he knows that you intend to return to work. And, start looking for a better job. Feel free to post any additional questions you might have. HTH, and thanks for reading the blogs!~ Amelia

  31. Posted by: Susan

    I work in Florida. Recently, I changed my work hours to a 4 day/10 hour work week – a Friday thru Thursday work week. I understand that there are no state or federal laws requiring an employer to offer holiday pay. The company has given us Thanksgiving Day and the day after off with pay. I understand from your previous posts that they only have to pay me for 8 hours on Thanksgiving Day. However, I’m wondering if I should be paid for the day after the holiday (or given another day off to compensate) even though it is my scheduled day off. The rest of the employees, who are on a 5 day/8 hour work week, are being paid for the day after Thanksgiving. I believe I am the only employee within the company that works a 4 day/10 hour work week so I’m not sure if there is any policy on this. Thanks for your time.

  32. Posted by: Amelia

    Hi Susan! No, there is no requirement that an employer pay workers who would normally be off on a holiday. This is a matter of company policy, rather than employment law. Many, many companies have the policy that they do not pay an employee for a holiday, if that day is not a scheduled work day for the employee.

    In this case, there are benefits to a four-day, 10 hour per day workweek, but there are also drawbacks. And this is one of the drawbacks. HTH, and thanks for reading the blogs!~ Amelia

  33. Posted by: Chris

    Hi. I work in Florida, full time. My employer, like many I’ve had in the past, insists on staying open on ‘questionable’ days, such as Christmas eve and the day after Thanksgiving. We are not allowed to take these days off.

    I know that holidays are at the discretion of the employer.

    I know that many businesses are open 24/7/365, but many of them are closed, like our vendors and suppliers, for example. Also, many customers are off from their own jobs, so these days are usually very, very quiet and business is slow.

    My question is this: If the employer requires us to come in on one of these days, then decides at some point to send one or all of us home, are we entitled to a full or partial day’s pay other than what is actually clocked?
    Right now, I’m of the mindset that if he’s going to drag me in on the day after Thanksgiving, knowing full well that I have no work to do, then try to send me home early, I’m going to insist on staying the full day. /:(

    I thought I heard somewhere that if I ask to go home, they don’t have to pay, but if they send me home before my shift is over, they need to pay me for the remainder of the day. I thought that ‘cutting shifts’ only applied to part timers (I used to cut people all the time in New Jersey.)

    THANKS

  34. Posted by: Amelia

    Hi Chris! And Happy Thanksgiving weekend to you, too!! Sorry, but if the employer requires you to come in on the day after Thanksgiving, and then sends you home early, as an hourly employee you are entitled only to payment for the hours worked. Nor can you “insist” that you be allowed to remain the entire day. If you refuse to leave when asked/told to do so, you can be escorted off the property by the police and terminated for insubordination.

    An exempt salaried employee who works any part of the day is entitled to payment for the full day. However, an hourly employee is entitled only to payment for the time he or she works.

    It is interesting that while you don’t want to work the day after Thanksgiving, you expect us to be working at 1 am on that day. :-) And maybe if you weren’t up at 1 am you would find it easier to go to work.

    You saw this situation from the other persepective when you were a supervisor in New Jersey. Sometimes it just makes financial sense to send employees home early. Any employee — not just a part-time employee — can be sent home. A few states require a minimum number of hours worked, Florida does not.

    It’s understandable that you do not want to work the day after Thanksgiving. Almost no one does, including hospital employees, police, firefighters, etc. But your best bet is to look at this in a positive light. If you are sent home, at least you have part of the day to enjoy. Millions of people would be thankful to have a job — any job — in this economy, so count your blessings. HTH, and thanks for reading the blogs!~ Amelia

    PS And now if you don’t mind, we’re going to go home early!

  35. Posted by: Frantz

    Can a employer who has listed paid holidays then state that if you don’t work the holiday you won’t get paid for the holiday without any written notice?

  36. Posted by: Amelia

    Hi Frantz! In a number of states, the employer would be required to honor benefits that have been promised in writing, or to give a certain amount of notice before changing the policy. Florida law does not require this, unfortunately. HTH, and thanks for reading the blogs!~ Amelia

  37. Posted by: antonio edmonds

    in kentucky if you work on holidays do you get time in a half or double time

  38. Posted by: Amelia

    Hi antonio! No. There is no requirement in Kentucky or most other states that an employee who works on any holiday — including Christmas — be paid more than the employee’s normal wage. The employee is entitled to payment for all hours worked under both federal and state law, but neither requires a higher rate for holidays. Some union agreements do specify higher wages on holidays. HTH, and thanks for reading the blogs!~ Amelia

  39. Posted by: sam

    The company I work for pays time and a half for holidays (in Florida). My question is that I worked 89.5hrs (paid bi-weekly), I put in 9.5 hrs overtime and 80hrs regular. In this pay period I worked New years day. Is it right that they took my overtime and paid it as holiday pay? I got 80 hrs regular, 7.5 holiday and 2 hrs overtime. I spoke to the human resource lady in our office and she said she has to take out the holiday pay before she pays my overtime. I thought my overtime was mine and couldnt be taken out as holiday pay.

  40. Posted by: Amelia

    Hi sam! Yes, this is legal. There is no law that a company in Floriday has to pay time-and-a-half when an employee works on the holiday. This is strictly a matter of company policy, and they can set whatever rules or limits on it they like. In this case, as long as you were paid 9.5 hours at the overtime rate, that is legal. HTH, and thanks for reading the blogs!~ Amelia

  41. Posted by: Diane

    My mom’s employer is scheduling her for 13 to 14 consecutive days, is this legal? It’s in Florida. My question is not regarding the OT paid, she is getting paid, if and when she goes over the 40, however, my question is more geared to the number of days that they are scheduling her to work. How many days can an employee be scheduled consecutive with out a rest day?

  42. Posted by: Amelia

    Hi Diane! In Florida, it would be legal for an employer to schedule a worker 365 days per year.

    Several states have laws requiring employers to give workers one day per week off. In Illinois, this is called the One Day Rest in Seven Act. Other states like California require that the employer pay double-time on the 7th consecutive day of work, even if the employee has worked fewer than 40 hours. However, Florida does not have a similar law. The way the employer is scheduling your mother is entirely legal, as long as they pay overtime after 40 hours in the payroll week. HTH, and thanks for reading the blogs!~ Amelia

  43. Posted by: Luis

    by the way this is in florida ..ok i worked the whole week ( 40hrs ) and the weekend (12 hr shifts sat & sun ) on easter weekend , and my employer’s handbook which i signed when i started working here states that i would get paid for holiday’ after being here for 90 days i’ve been here close to a year, and its the first hoilday i worked and they told me i’m not getting my holiday pay cause am over my 40hrs, is this legal????

  44. Posted by: Amelia

    Hi Luis! This is unfair, but it’s legal. There is no law in Florida that an employer must offer paid holidays. If the employer does offer paid holidays, the employer sets the rules regarding them. Some companies offer paid holidays to employees, but not to employees who work on the holiday. Other employers would pay the employee an additional 8 hours of straight time, over and above what the employee actually works. Either way is legal. HTH, and thanks for reading the blogs!~ Amelia

  45. Posted by: Gary

    My girlfriend has to work during Memorial Day and is being paid regular pay while the employees that have the day scheduled off are being payed 8 hours for the holiday. Is this legal or does the state of Florida allow for them to schedule certain employees to work and then pay holiday pay to those they don’t schedule?

  46. Posted by: Amelia

    Hi Gary! Yes, this is legal in Florida and most states. There is no law that an employer must offer paid holidays in Florida. If the employer does offer paid holidays, the employer can establish the rules regarding them. Most employers pay every worker 8 hours more than they work that week, for the holiday. So an employee who worked 32 hours would be paid for 40 hours that week.
    However, some employers only pay workers who are off for the holiday. That’s not necessarily a good plan, but it is legal. HTH, and thanks for reading the blogs!~ Amelia

  47. Posted by: RH

    Hi: I work for a local Florida government. The City has now changed their standard operational days to 4/10 hour days (Mon-Thurs). I work shift work and my schedule is very different from the City’s standard days. Since I also work on the weekends, I have just been told that in order for me to take off the holiday that falls on a Sunday, I must take my own vacation time. In the past and as long as I have been here (9 1/2 yrs), all shift personnel have been able to take what is known to us as “holiday not worked”, which means we could take the day off, if it falls on our regular work day thus we get paid straight time instead of holiday pay (2 1/2 times). Now, they want to change and state that the holiday is on a Monday, since the holiday falls on a Sunday and the City is observing on Monday. Can they do this? Since its been done like this-does this not set precedent?

  48. Posted by: Amelia

    Hi RH! The city or any other employer can change company policy at any time, as long as employees are informed in advance. In this case, you have been informed in advance of the change in policy.

    There is no law that requires a Florida employer to grant paid holidays to workers. If the employer chooses to give paid holidays, the employer determines the circumstances surrounding them.

    Many people make this mistake, but “establishing a precedent” has a limited meaning. It means that if the city gives a benefit to some workers today (like paid maternity leave or holiday pay) the employer must give the same benefit to other workers with similar jobs under similar circumstances in the future, unless the employer formally changes the policy, preferably in writing. In your case, that is exactly what the employer has done. Setting a precedent does not mean that the employer must keep the same policy forever. In your case, the employer is now observing the Sunday holiday on Monday. That is entirely fair and legal. HTH, and thanks for reading the blogs!~ Amelia

  49. Posted by: lee

    Hi, I work for a company (Florida) which is closing on July the 4th. Because we are foreigners and new in the business and also in this country, we do not know if we have to pay our hourly workers that day nobody in the company will work. Do we have any obligation to pay this day despite that we have decided nobody will come??? When somebody comes to complain when they get their paycheck I’d love to give them a good explanation. Thanks a lot for your prompt response.

  50. Posted by: Amelia

    Hi lee! In Florida and most U.S. states, there is no law that an employer has to offer paid holidays to hourly employees. If your company does offer paid holidays, you decide which holidays will be observed. You could decide to treat July 4th as a paid holiday, or to not treat it as a paid holiday. (Exempt salaried employees are entitled to payment for this day.)

    It is understandable that your employees would be confused, because the majority of U.S. employers treat July 4th as a paid holiday, and pay workers for 8 hours (or one shift) even though the employees do not work. The majority of U.S. employers offer 5-7 paid holidays per year. Even if a company only offered 4 paid holidays per year, they would usually be Thanksgiving, Christmas, New Year’s Day and July 4. Although more than 50% of employers do offer paid holidays, again, there is no law requiring you to do so.

    The best practice would have been for you to send your employees a memo two weeks ahead of time reminding them that the business will be closed on July 4, but it is not a paid holday. This would eliminate any confusion and allow your employees to budget their money. Ideally, this information would also be in an employee handbook that would be issued to each employee when he or she is hired. Good communication with employees conveys respect and will prevent many problems and complaints. If it is not too late, you may want to post a memo about this now, so employees know what to expect.

    If employees complain when they receive their paychecks, you can say, “We do not offer paid holidays.” or “We offer paid holidays but July 4 is not one of them.” (Be aware that some people will see you as unpatriotic or anti-American if you use the second statement, because July 4 is the day we celebrate our nation’s independence from England. Whereas, if you use the first statement people will merely see you as cheap.)

    Because you are a new business owner, we are also going to suggest that you check out our sister site at http://www.humanresourceblog.com. On that site, our team of advisors answers questions from HR pros and business owners like yourself. Feel free to post any additional questions there. HTH, and thanks for reading the blogs!~ Amelia

  51. Posted by: Laura

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    In Florida – are there any laws to having an employee work 7 days a week?

  52. Posted by: Amelia

    Hi Laura! No, there are no Florida laws that would make it illegal for an employer to schedule an employee 7 days per week. Several states, including Illinois, have what are called “one day rest in seven” laws, that require an employer to give the employee at least one day per week off. Florida does not. An employer can schedule a worker 365 days per year in Florida, and it is entirely legal. The employer does have to pay overtime when an hourly employee works more than 40 hours per week. HTH, and thanks for reading the blogs!~ Amelia

  53. Posted by: Dee

    Hi Amelia, I was looking for any sort of laws regarding holiday pay and came accross your blog. I live in Florida and my employer pays us 7 holidays per year. This year two of those holidays are on saturday (Christmas & New years)on which we are already not scheduled to work (Our schedule is monday through friday 9-6). My question is, can they just say that we’re off on the saturday and not pay us for that day or give us a different day off on which we are scheduled to work.

  54. Posted by: Amelia

    Hi Dee! Yes, the employer can just say that since you are off on Saturday anyway, you will not be paid for Christmas and New Year’s this year. In Florida, as in most states, there is no law that an employer must offer paid holidays. If the employer does offer paid holidays, the employer sets the policies regarding them. Some employers do have the policy of offering paid holidays only when they fall on a work day. Most employers will give workers Friday off with pay this year, but the way your employer is handling it is also legal. HTH, and thanks for reading the blogs!~ Caitlin

  55. Posted by: Barbara

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    Hey Amelia, is this blog still going? I have a sister in Florida who has found her holiday pay, conditions of service etc. being changed without notice. If her contract of employment says she should get holiday / sick pay etc. can she sue under contract law to enforce those rights? Do you have employment tribunals or a small claims court service for this?

  56. Posted by: Amelia

    Hi Barbara! Yes, we still answer questions from readers every day!

    Most Florida employees do not have an actual contract of employment. They have an offer letter and/or an employee handbook. Employment contracts are common only in the state of California. If your sister genuinely has an employment contract, she should consult an attorney who specializes in employment law.

    The offer letter or handbook states the company policies in effect at the time the employee was hired. However, the employer can unilaterally change those policies at any time. This is completely legal in Florida and most other states. (A few states require that the employee be notified in writing a week or two in advance when policies will change, but not Florida. Federal law requires that employees be notified in advance when wages change.)

    There is no law that any Florida employer must offer paid holidays. If the employer does offer paid holidays, the employer establishes the policies surrounding them and can change them at any time.

    For example, an employer that offered 5 holidays per year could suddenly decide to only offer 3 paid holidays (or no paid holidays) this year. As long as the new policy is enforced fairly for all employees, it is legal. (If the employer offered some employees 5 paid holidays and others 3 paid holidays based on sex, race, color, religion, disability, pregnancy, etc. that would be illegal discrimination.)

    All of this is also true of sick pay. There is no federal or Florida law that an employer must offer paid sick leave. If the employer does offer paid sick leave, the employer can change it at any time. The policy must not be enforced in a way that discriminates against protected groups (i.e. race, color, religion, sex, national origin, disability, etc.) If your sister is a salaried exempt employee, there are certain federal requirements as far as payment for sick leave. If that is the case, post another question.

    In most states, as in Florida, the employer can even change wages, hours and working conditions at any time. If wages are changed, the employer must tell the employee before the work is performed, under federal law, but that is the only stipulation in Florida.

    We suspect that what has happened in this case is the employer has decided not to pay employees for holidays that fall on a day when the employee would normally be off (like Saturday or Sunday.) This is entirely legal in the U.S. It does not even represent a change in policy — it may have been the employer’s policy all along. However, even if it is a change in policy, that is legal.

    We notice that your email address is in the U.K. Employment laws in the U.S. are a lot less pro-employee. Generally the courts assume that if employees do not like the new working conditions unilaterally imposed by the employer, they will quit and find another job. (We don’t necessarily agree with that philosophy, but it prevails.) Employee rights vary a great deal from one state to another in the U.S., with Florida offering far less protection than most other states.

    There is no tribunal that will make the employer behave in an ethical way. Most states have a state department of labor that enforces wage payment laws and other state employment laws. Florida does not. The employee can take an employer to small claims court, but they do not have a good record of forcing employers to pay promised benefits, even when benefits like vacation pay are clearly owed. (They have a better record in forcing employers to pay past due wages for hours worked.) Federal agencies enforce federal employment laws, but there are no federal laws regarding paid holidays.

    This is a complex issue, so feel free to post additional quesitons. HTH, and thanks for reading the blogs!~ Amelia

  57. Posted by: Viv

    Hi, my employer just updated the employee handbook and there are outrageous “rules and regulations.”

    1. My first question is it legal in Florida that my employer can prohibit me from speaking another language during any of my breaks including lunch and on company grounds?

    2. My employer states that we are provided 10 unpaid personal/sick time off for the year and if “we take 11 days off for the year, we will only be eligible for 5 paid holidays rather then 6 paid holidays”? How can they take my paid holiday out if I go over a “Personal Time off” and I do not get paid for it?

    3. My employer states throughout the handbook that everything is grounds for termination if we do not do what is told by them because we are “at-will” and that includes gum chewing!

    4. My last question is can my employer require a doctors note from us each and everytime we are sick? They state that if we are sent home that we are required to bring in a doctor’s note, what if we can’t afford one (dr visit) or its just a common cold that takes time to go away? There are many people that work but basically live paycheck to paycheck. I thought that a doctors note is required after 3 days of missed work.

    5. Can they also fire me if I refuse to sign the handbook because I am confuse with what is said on the book? Please help! I have a meeting to discuss the handbook on Monday and I would like to make sure that these ridiculous rules are illegal. Thank you!!

  58. Posted by: Amelia

    Hi Viv! We agree that many of these policies are harsh, possibly too harsh, but with one exception they are all legal. Your post raises several questions so we have numbered them for easy reference.

    1. This is the only rule that is probably illegal. In some cases, when there is a business consideration or safety concern, the employer can require that workers speak only English while working or conduct all work-related conversations in English. However, in several states the federal courts have upheld that employees have the right to conduct personal conversations in another language, particularly on lunch or rest breaks. An English-only rule that applies to your breaks may very well be illegal discrimination based on national ancestry. Our suggestion is that you sign the handbook and file a discrimination complaint with the federal EEOC at http://www.eeoc.gov. It is illegal for an employer to retaliate against a worker who files a complaint in good faith.

    All of the other items you mention are legal. They are not necessarily good management, but they are legal.

    2. There is no law that an employer must provide PTO or paid holidays. If the employer does provide those benefits, generally the employer establishes the rules surrounding them. It is very common for an employer to discipline or terminate an employee who uses all of her PTO and takes additional time off, even if that time off is unpaid. It is unusual to discipline the employees by depriving them of a paid holiday, but it is legal. (If the employer has 50 or more workers within 75 miles, employees might be entitled to unpaid time off under FMLA.)

    3. This has always been true. In Florida, as in most states, an employee can be fired for any reason except illegal discrimination — or the employee can be fired for no reason at all. An employer can also fire an employee for insubordination, which is basically not doing what the employer asks. (The exception is if the employer asks the employee to do something that is unethical or illegal.) This suggests to us that there is a problem with employees being insubordinate, or not following the rules. The employer is letting workers know that will no longer be tolerated.

    4. This is a harsh policy, but it is legal. Basically, the employer is saying,”You need to come to work unless you are so sick that you must see a doctor. If you just have a minor cold, come to work.” Combined with #2 above, this suggests that some employees have attendance problems. This policy is probably not wise. The best practice in HR is to encourage employees to stay home if they are sick, to prevent the spread of illness. However, again, there is no law that requires that. The employer can decide that a doctor’s note is required for any absence, and discipline or terminate any employee who does not have one. Many companies have this policy.

    5. Yes, you can be fired for insubordination if you refuse to sign the handbook. And even if you do not sign it, the policies still apply to you. Signing the handbook merely means that you have received a copy of it. Basically the employer sets the rules in the workplace, and can change those rules at any time without the employee’s permission. So even if you do not sign the handbook, the new rules apply to you (if you still work there.)

    These policies are harsh, but with the exception of the English-only rule, they are legal. While we do not approve of the employer’s methods, it sounds like this is a situation where many employees have had attendance problems, and there has been insubordination (meaning employees not following company rules or simple requests.) The employer is doing the right thing by letting employees know that they mean business, and any employee who does not follow the rules will be fired.

    It may be that once attendance improves and employees start following the rules, the employer will become more reasonable. Or maybe not.

    Our suggestion is that you sign the handbook. We doubt that raising the issue of the English-only policy will do any good. If you bring it up, you should do so very tactfully, listen to the employer’s answer, and then drop the issue. HTH, and thanks for reading the blogs!~ Amelia

  59. Posted by: vicky

    Yesterday my employer sent out a notice to all employees that if they used a sick day that they had to make up any sick time within that pay period. Is this legal?

  60. Posted by: Amelia

    Hi vicky! Yes, this probably is legal. The employer sets the work schedule for employees and can change it as they like, in Florida.
    It is not clear from your question if the employer gives paid sick leave or not. It would be unusual for the employer to require workers to make up a sick day they had been paid for, but it would be legal. Basically the employer is requiring employees to give up their day off if they call in sick.
    If the company has more than 50 employees within 75 miles of your work location, you may be entitled to unpaid time off under FMLA, the federal Family and Medical Leave Act. You may also be entitled to unpaid time off under ADA, the Americans with Disabilities Act. An employer cannot require a worker to make up time taken off under either of those two laws. HTH, and thanks for reading the blogs!~ Amelia

  61. Posted by: Jennifer Curry

    Hello, My husband works for a local satelite installation company, Approx 10 months ago, he relocated from Ohio to Louisiana with a promotion to Field Technician Supervisor. On Tuesday when he went into the office, he was informed they were closing his local office. He was told that if he wanted to remain employed he would now have to travel to the next local office which is aprox 80 miles away. The company does provide him with a company van. They are however making no provisions to reduce or assist with his current work load. He is still expected to do the exact same thing that he has been doing.(well actually more as this new office has different requirements) The problem is the 160 mile round trip drive is adding 4-5 hours before he can even get started on his day. (he would have to drive to the office, have his morning meetings, then drive back to the general area in which he now works to perform his in field supervisory duties). Therefore instead of being able to start his day at say 7am like normal it would be approx noon before he could start. We were wondering in the State of Louisiana, if this would be considered “good cause” for him to find alternative employment and draw unemployment benefits in the meanwhile. Any suggestions would be greatly appreciated.

  62. Posted by: Amelia

    Hi Jennifer! In most states an employee who quits rather than accept a job 80 miles away would qualify for unemployment benefits. However, if the employee works one day under the new arrangements, he has accepted them. If he quits after that, he would not qualify for unemployment benefits. We agree that the new working conditions are unrealistic, but in this economy, it may be better for him to accept the job while looking for something better, rather than be unemployed. HTH, and thanks for reading the blogs!~ Amelia

  63. Posted by: Lea

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    If all the other employees are being paid for holidays, do the managers that work also have to be paid. Emphasis on the ALL here.

    thanks. My manager works every holiday even when some of the other employees take the day off with pay and/or other employees get holiday in addition to the pay for the day they worked. He is a great guy.

  64. Posted by: Amelia

    Hi Lea! Thank you for the kind words! Unfortunately, we are shutting down the comments section of this blog. Our staff will continue to respond to questions or concerns posted as comments on http://www.humanresourceblog.com. HTH, and thanks for reading the blogs!~ Amelia