Holiday pay is not required by Kentucky law. The U.S. Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or holidays (federal or otherwise). These benefits are a matter of agreement between an employer and an employee (or the employee’s representative).
Employees who work for certain businesses or organizations (or “enterprises”) are covered by the FLSA. These enterprises, which must have at least two employees, include those that do at least $500,000 a year in business; and any hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.
Even when there is no enterprise coverage, some employees are protected by the FLSA. If any employee’s work regularly involves them in commerce between States (“interstate commerce”), the law covers individual workers who are “engaged in commerce or in the production of goods for commerce.” Some examples would be employees who produce goods (such as a worker assembling components in a factory or a secretary typing letters in an office) that will be sent out of state, those who regularly make telephone calls to persons located in other States, those who handle records of interstate transactions, those who travel to other States on their jobs, and those who do janitorial work in buildings where goods are produced for shipment outside the State. (Domestic service workers such as housekeepers, full-time babysitters, and cooks are normally covered by the law.)
When an employer chooses to pay for holidays not worked, unless specified otherwise, if an employee performs any work during the workweek in which a named holiday occurs, they are entitled to the holiday benefit, regardless of whether the 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.
If employers choose to pay for holidays, they must pay full-time employee their full days’ pay up to 8 hours unless a different standard is used, such as one reflecting collectively bargaining. In the case of termination (voluntary or involuntary), any payment for unused vacation depends on the policy or past practice of the employer, as Kentucky does not specifically require that an employer pay an employee for unused vacation upon termination of employment. As for holidays, even if the employer pays for holidays, they are not required to pay a terminated employee for holidays yet to occur.
The Kentucky Complete Labor Law poster is available currently with the most recent changes to the Kentucky labor laws as well as the federal laws.
In the state of California, hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California laws do not require an employer to give its employees paid holidays, or require that an employer close its business on a holiday, or that employees be given the day off for a particular holiday.
California state laws do not mandate that employers must close their business on any particular day, or at all. It is up to the employer to select which days, if any, it chooses to be open and closed for business.
If an employer chooses to close its business on a holiday and gives its employees time off from work with pay, it is completely up to the discretion of the employer, or the result of terms of a collective bargaining agreement, or due to the terms of an employment agreement between the employer and employee.
California employers are also not required to pay their employees any special premium for work performed on a holiday, Saturday, or Sunday, other than the overtime premium if it applies (the premium that’s required for work performed in excess of eight hours in a workday or 40 hours in a workweek), unless the employer has a policy or practice of paying a premium rate for working on a holiday, or the employee is subject to a collective bargaining or employment agreement that addresses holiday premium pay.
Although some California employers choose to pay their employees on holidays when they did not work (the employers was closed), it is completely up to the employers whether or not to do so.
In the case of the employer who does pay for a holiday not worked, any overtime due is based upon hours worked, more than eight in a workday or more than 40 in a workweek, and not upon pay received.
The full details of all laws on holiday pay are available on the California Complete Labor Law poster.
Illinois employers are not required to recognize holidays nor pay their employees on holidays not worked, unless there has been a prior contract or agreement established. Employers may choose to remain open during holidays, in which case they would pay their employees a normal rate of pay (with the option of any special holiday pay) and observe any overtime rules that may apply.
Employers are required to pay their employees at least semi‑monthly, and to pay every employee all wages earned during the semi‑monthly pay period. Wages earned by employees during a semi‑monthly or bi‑weekly pay period must also be paid no later than 13 days after the end of the pay period in which such wages were earned, unless there has been a valid collective bargaining agreement which provides for a different date or for different arrangements for the payment of wages.
If an employee quits or is fired, they are not entitled to any future holiday pay (for days that have not already occurred) but they are entitled to payment for any unused accrued vacation time. They are not, however, required to pay severance pay, sick pay or holiday pay upon separation, unless it’s been stipulated by employment contract or agreement.
Although employers in Illinois are not required to observe holidays, some do recognize days such as Christmas and New Year’s Day, but even in that case, they are not required to pay their employees if the business is closed and/or the employee is not scheduled to work. Offering holidays off and/or paying employees for holidays not worked are benefits and are above and beyond the Illinois labor laws and completely up to the discretion of the employer (unless those items are terms of a collective bargaining agreement or a contract between the employee and employer).
The Illinois Complete Labor Law poster contains all of teh most up to date labor laws for Illinois as well as the federal laws.
Employers working out of Alabama are not required to pay their employees for any holidays. If employers wish to be closed on a holiday it is completely up to their discretion if they wish to compensate the employees. If an employer deems it appropriate to stay open on a holiday they also are in no way required to pay any sort of special rate unless by working the employee has entered into an overtime situation.
Alabama state workers, however, are given many holidays off, including Christmas Day, New Year’s Day, Martin Luther King, Jr.’s birthday, Robert E. Lee’s birthday, George Washington’s birthday, Thomas Jefferson’s birthday, Confederate Memorial Day, National Memorial Day, Jefferson Davis’ birthday, the Fourth day of July, Labor Day, Columbus Day and Fraternal Day, Veterans’ Day, American Indian Heritage Day, and the day designated by the Governor for public thanksgiving.
In those instances, if the holiday falls on a Sunday, the Monday immediately following is considered the holiday. If the holiday falls on a Saturday, the Friday immediately preceding is considered the holiday. In addition to the legal holidays above, Mardi gras is a recognized holiday in Mobile and Baldwin Counties, and all state offices are closed that day as well. If employees must work on a day deemed a holiday, they are compensated leave or paid compensation in lieu of the holiday.
In regards to paydays and holidays, for Alabama state employees who receive semi-monthly paydays (normally the 1st and 16th of each month) if the payday falls on a weekend or a holiday, the payday will be moved back to the last day preceding the weekend or holiday, with the exception of an October 1 payday (if the October 1st payday is on a Saturday, Sunday or holiday, payment will be made on the next succeeding workday).
While employers are not required to match the benefits Alabama state workers receive, some do mirror at least a few of the holidays, particularly Christmas and Thanksgiving, as well as structured paydays in some semi-monthly fashion, all of which is completely up to the employer.
All of the detailed laws regarding holiday pay and all federal and state laws can be found on the Alabama Complete Labor Law poster.
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.