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Jewish Holidays

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abaga

Member
What is the name of your state? GA

Can an employer, by law, require you use your PTO days for Jewish Holidays or are they required to give them to an employee by law as if it were any other type of Legal Holiday (such as Christmas, New Years, Veteran's, etc)?

I always used my PTO days, even though I didn't see the fairness (heck, open the business on Christmas, and I'll be there), but I was recently told by someone taking a Business Law Class that business are required to give you the Holidays as a Holiday and not penalize you by having to use PTO days.
 


pattytx

Senior Member
The business law professor was incorrect. An employer may require you to use your PTO days for any type of absence to keep your salary whole, including Jewish holidays, or any other holiday the employer does not designate as such. It would be the same for any other religion's holidays, too. And, in case you want to ask, it's not that there is any law that says they can, it's that there isn't any law saying they cannot.
 

cbg

I'm a Northern Girl
Patty is correct. This is no different than if a Christian wanted Good Friday off and the company didn't offer it. No law requires an employer to give religious holidays as holidays without requiring them to use PTO.

If your friend can't get his information any better than that, he's gonna flunk his business law class.
 

BelizeBreeze

Senior Member
abaga said:
What is the name of your state? GA

Can an employer, by law, require you use your PTO days for Jewish Holidays or are they required to give them to an employee by law as if it were any other type of Legal Holiday (such as Christmas, New Years, Veteran's, etc)?

I always used my PTO days, even though I didn't see the fairness (heck, open the business on Christmas, and I'll be there), but I was recently told by someone taking a Business Law Class that business are required to give you the Holidays as a Holiday and not penalize you by having to use PTO days.
Tell your Business Law instructor to go back to school.

Or ask a fireman, police officer, Doctor, nurse or any other employee in such situations why they don't sue each and every year ? This is the problem with our school system. Idiots teaching.
 

I AM ALWAYS LIABLE

Senior Member
abaga said:
What is the name of your state? GA

Can an employer, by law, require you use your PTO days for Jewish Holidays or are they required to give them to an employee by law as if it were any other type of Legal Holiday (such as Christmas, New Years, Veteran's, etc)?

I always used my PTO days, even though I didn't see the fairness (heck, open the business on Christmas, and I'll be there), but I was recently told by someone taking a Business Law Class that business are required to give you the Holidays as a Holiday and not penalize you by having to use PTO days.

My response:

These are the Federal Holidays. You won't see one Jewish Holiday in the list. These are the holidays that are legally bound to be employer paid.

http://www.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00006103----000-.html

IAAL
 

abaga

Member
I want to thank each of you for your reply to my post.

I always thought it was something that they didn't have to give by law, but when I was told this by someone taking a business law class, I thought I would come here and ask.

Maybe one day the laws will change. I personally feel if you are going to give holidays such as Christmas, Easter, etc., then those that celebrate other holidays should be given those as well without penalizing them by having to use their PTO. As I said in my first post, open up for Christmas, and I will be there.

On the other side of the coin, I've been told not to ask for time off around those holidays, as they aren't mine to celebrate. I've also been told, "Why do you want your LITTLE JEWISH HOLIDAY anyway? Are you REALLY going to go to Synagogue?" I went to HR on that one after I was told by that persons superior that maybe she was "just joking." I even said, if I commented on her race or her religion or anything else, I would have been fired on the spot! HR wasn't happy about it and made sure corrective action was taken. They wouldn't tell me exactly, but said, "If it happens again with this individual, she is in jeopardy of losing her job."

Oh well...that's life in the corporate world!
 

I AM ALWAYS LIABLE

Senior Member
abaga said:
I want to thank each of you for your reply to my post.

I always thought it was something that they didn't have to give by law, but when I was told this by someone taking a business law class, I thought I would come here and ask.

Maybe one day the laws will change. I personally feel if you are going to give holidays such as Christmas, Easter, etc., then those that celebrate other holidays should be given those as well without penalizing them by having to use their PTO. As I said in my first post, open up for Christmas, and I will be there.

On the other side of the coin, I've been told not to ask for time off around those holidays, as they aren't mine to celebrate. I've also been told, "Why do you want your LITTLE JEWISH HOLIDAY anyway? Are you REALLY going to go to Synagogue?" I went to HR on that one after I was told by that persons superior that maybe she was "just joking." I even said, if I commented on her race or her religion or anything else, I would have been fired on the spot! HR wasn't happy about it and made sure corrective action was taken. They wouldn't tell me exactly, but said, "If it happens again with this individual, she is in jeopardy of losing her job."

Oh well...that's life in the corporate world!

My response:

If you bothered to notice, the Federal Holidays are historic to this country - - even Christmas. You need to understand that this country celebrates its history, and not so much the religious aspects. It's the history that brought us from what we were, to what we are today.

This is why Jewish Holidays are not paid holidays. Jewish Holidays have nothing to do with how this country was "built."

IAAL
 

abaga

Member
I AM ALWAYS LIABLE said:
My response:

If you bothered to notice, the Federal Holidays are historic to this country - - even Christmas. You need to understand that this country celebrates its history, and not so much the religious aspects. It's the history that brought us from what we were, to what we are today.

This is why Jewish Holidays are not paid holidays. Jewish Holidays have nothing to do with how this country was "built."

IAAL
Yes, I did bother to notice, Thank you, IAAL.

I was just commenting.
 

I AM ALWAYS LIABLE

Senior Member
abaga said:
Yes, I did bother to notice, Thank you, IAAL.

I was just commenting.

My response:

So, then, I take it that you now fully understand why certain holidays are paid holidays, while others are not; e.g. Jewish Holidays - - and that your initial question has been fully answered.

I predict that there will be a "Rosa Parks" Day, much like we have a "Martin Luther King" Day.

IAAL
 

abaga

Member
I AM ALWAYS LIABLE said:
My response:

So, then, I take it that you now fully understand why certain holidays are paid holidays, while others are not; e.g. Jewish Holidays - - and that your initial question has been fully answered.

IAAL
Yes, it was answered fully by three others prior to you, IAAL. I was just commenting, as I previously stated.

There really is no reason to have an attitude about it. But then again, that is how you answer questions as I have seen time and again by many of your other responses.

Hope you have a great day, IAAL.
 

cbg

I'm a Northern Girl
BTW, private employers do not have to offer ANY holidays, under the law. Federal holidays are only mandatory if you are a Federal employee.
 

abaga

Member
cbg said:
BTW, private employers do not have to offer ANY holidays, under the law. Federal holidays are only mandatory if you are a Federal employee.
Thank you, cbg, for your thoughtful replies. I was not aware private employers did not have to offer the holidays. I work for a major Financial Institution, so we close for all of the Federal Holidays since the FRB is closed.
 

I AM ALWAYS LIABLE

Senior Member
abaga said:
Yes, it was answered fully by three others prior to you, IAAL. I was just commenting, as I previously stated.

There really is no reason to have an attitude about it. But then again, that is how you answer questions as I have seen time and again by many of your other responses.

Hope you have a great day, IAAL.

My response:

I'm not having an "attitude" about anything. I'm trying to explain the differences between holidays, and why certain of them are paid holidays and why others are not. Your initial premise concerned, and asked, why Jewish Holidays weren't paid holidays, when others; e.g., Christmas, Thanksgiving, etc., were paid holidays. There are Federal and non-Federal holidays, and this is why your employer requires you to use your PTO for "your" holidays - - because those holidays are not Federally mandated.

You're god-damned right I'm going to have a great day!

IAAL
 

cbg

I'm a Northern Girl
Think about it for a minute.

If the law required all private employers to offer Federal holidays off, then on Federal holidays you would not be able to travel other than in your own car or stay at a hotel, since Amtrak and all the airlines and hotels would have to offer all the holidays off to their employees. There would be no doctors, nurses, lab technicians, or any other patient care employees in hospitals, clinics, or nursing homes. Though not private employers, there would be no police, fire, or ambulance service. No emergency service for downed power or phone lines, no towing service, no AAA, no retail stores opened, etc.
 

BelizeBreeze

Senior Member
abaga said:
I was not aware private employers did not have to offer the holidays.
And this is why you have an Idiot for a Business Law Instructor. HE/SHE should have been teaching you this. The next time you attend this class ask for a refund or why they did not cover this subject.
 

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