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Q: I established a policy regarding holidays which states, “Generally, this organization observes the following nine days of paid holiday for all full-time employees. Because of the nature of this business, it may be necessary for some employees, however, to work on the days listed.” One of my employees who worked on Martin Luther King’s birthday complained that she thought she would have the day off, that she felt it was an important holiday, and that the policy was, therefore, a discriminatory practice and unfair to her. It is discriminatory? Is it unfair?

A: "No" to the first question, and a qualified "no" to the second. So long as the employees knew that they may be required to work on certain holidays, it is certainly not discriminatory nor is it, at face value, unfair. However, we would suggest that you either provide an alternate day off to those who do have to work on normal paid holidays OR that you give one "floating holiday" per year to compensate for this type of situation.

Contrary to what many employees think, there is no law stating that organizations have to provide any paid holidays. Of course, in this employer’s market, it would be difficult to find employees willing to work for an organization with minimal benefits.


New posters required for 2010 revised FMLA & ADAAA


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