Can Employees Refuse to Work on a Federal Holiday?

Everyone looks forward to those special holidays: Halloween, Thanksgiving, Christmas, and more, because they give employees a chance to relax and celebrate with friends or family. That said, there’s a lot of confusion over whether employees here in the US are entitled to time off or extra pay on holidays. This article will clear up some of that confusion, breaking down what New Jersey employees need to know about working on holidays and how an employment lawyer NJ residents trust can help you understand your rights and holiday-related regulations.

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Do Employers Have to Give Time Off on Federal Holidays?

The short answer is no, private employers aren’t required by law to give employees time off on federal holidays. Federal employers, on the other hand, are required, since federal employees are the primary observers of holidays like Columbus Day, Martin Luther King Jr.’s Birthday, and Veteran’s Day. These rules are the same across the country, including in New Jersey.

Most private businesses still give employees time off on certain holidays like Thanksgiving and Christmas, but there’s not federal or state laws requiring them to. Some industries stay open on holidays, and employees may be required to work as usual. Unless your employment contract or company policy states otherwise, you aren’t entitled to holiday time off or additional holiday pay, either. It’s up to the business to decide based on operational needs, client demand, or other factors.

Can Employees Refuse to Work on a Federal Holiday?

Here, the short answer is again, no. If your employer isn’t giving you time off, it’s just another day, unless your employment contract or company policy specifically allows you to take off. If it doesn’t, refusing to work on a holiday may lead to disciplinary action, including being marked as absent without leave (AWOL), which could mean unpaid time for that day.

There is an exception for religious holidays, however. Under Title VII of the Civil Rights Act, employers must accommodate employees’ sincerely held religious beliefs unless it causes undue hardship for the business. This means employees can request time off for religious holidays, and employers generally should allow it unless it significantly impacts operations. This flexibility applies specifically to genuine religious holidays and must be requested in advance.

Are Employers Required to Pay Extra for Working on Federal Holidays?

Many employers offer extra pay for working on holidays, but again, there’s no federal law requiring them to. Some states, like Massachusetts and Rhode Island, have laws that interact here, but most states don’t. If you’re a private-sector employee, federal holidays are treated as regular workdays unless the business chooses otherwise. If you work over 40 hours in a holiday week, standard overtime rules apply, resulting in “time and a half” pay for the extra hours. Some businesses offer holiday premium pay as a benefit, but it’s not legally required unless specified in an employment contract or company policy.

“In Lieu Of” Holidays and Flexible Scheduling

In certain cases, employers may offer an “in lieu of” holiday when a federal holiday falls on a non-workday. For example, if July 4th lands on a Saturday, a company might allow employees to take the preceding Friday or the following Monday off instead. This practice is common in workplaces with flexible or compressed work schedules, since it lets employees observe holidays that would otherwise fall on their regular days off. However, offering “in lieu of” holidays is not mandatory in the private sector, making it a voluntary policy for employers.

How an Employment Lawyer in NJ Can Help

When it comes to holiday work requirements and pay, policies can vary widely. For employees and employers in New Jersey, an employment lawyer NJ offers valuable guidance, especially in the following areas:

Reviewing Employment Contracts: Employment contracts often include specific terms about holidays, including time off, pay, or religious accommodations. An employment lawyer can help you understand these provisions and make sure they comply with federal and state laws.
Creating and Implementing Fair Policies: Employers benefit from having clear, written policies on holiday work, holiday pay, and religious accommodations. An employment lawyer can help create policies that are compliant, equitable, and transparent.
Assisting with Religious Accommodation Requests: When employees request time off for religious holidays, an employment lawyer can support employers in finding ways to accommodate both parties. This might involve flexible schedules, floating holidays, or options like shift swaps.

How to Request Time Off on Holidays

If you’re an employee looking to take a holiday off, here’s how you can approach it:

Review Your Company’s Policies: Check your employment contract or employee handbook for holiday policies. Many companies offer holiday time off or premium pay even though they’re not legally required to.
Submit Requests Early: Whether it’s for a federal holiday or a religious observance, making your request in advance can increase your chances of approval. This is especially important for religious holidays, where certain accommodations may apply.
Discuss Alternative Options: If the business can’t approve your holiday request due to staffing needs, consider other options like a flexible schedule, shift swap, or using accrued paid time off. This approach may help you find a compromise that works for both you and your employer.

Balancing Holiday Needs with Workplace Demands

Understanding the difference between federal employees and private-sector employees in holiday observances is important. While federal holidays offer benefits primarily to government employees, private businesses have the freedom to create their own holiday policies. This flexibility enables companies to meet operational goals while still considering employees’ preferences and needs.

If you’re unsure of your rights or if your business’s policies comply with the law, consulting an employment lawyer in NJ can be beneficial. An employment lawyer can help make sure holiday policies follow legal guidelines, especially in cases involving religious accommodations or contractual obligations. Taking steps to understand these rules can help both employees and employers create a balanced approach to holiday work schedules, reducing misunderstandings and contributing to a positive work environment.