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not paid for holiday

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faithnlve

Member
What is the name of your state? vt, so I understand the not getting paid on holiday if you call in the day before or day after sick or whatever. But, what about if you are also required to make up the day you lost as well? Plus what if this make up day gives you overtime that week? Do they still have to pay the overtime? thanks F.
 


racer72

Senior Member
There is no law that requires any employer pay someone for a holiday. For your situation, it is up to your employer's policies.
 

cbg

I'm a Northern Girl
If you are a non-exempt employee (and you are) you are not legally entitled to be paid for the holiday. It's entirely up to your employer whether to offer them. They can require you to make up the time.

Holiday pay does NOT go towards "time worked" for overtime purposes; only time actually worked.
 

faithnlve

Member
I understand. But, if the required make up day gives you overtime, are they still required to pay that overtime? faith
 

cbg

I'm a Northern Girl
If the required make up day means that you WORKED over 40 hours a week, then you have to be paid overtime. You do NOT have to be paid overtime if the make-up day means that you were PAID for over 40 hours, but you actually WORKED less.

Example: Monday - 8 hours holiday pay
Tuesday: 8 hours worked
Wednesday: 8 hours worked
Thursday: 8 hours worked
Friday: 8 hours worked
Saturday (make up day) 8 hours worked.

You get paid 48 hours at straight time - you only WORKED 40 hours. No overtime is due.

However:

Monday - 8 hours holiday pay
Tuesday: 10 hours worked
Wednesday: 8 hours worked
Thursday: 9 hours worked
Friday: 8 hours worked
Saturday: 8 hours worked

You get paid 48 hours at straight time (40 hours worked, 8 hours holiday) and 3 hours overtime; you WORKED 43 hours.
 

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