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Holiday pay can be a confusing topic, especially for the over 27 million part-time workers in the U.S. Unlike full-time employees, part-time workers often face uncertainty about whether they are entitled to holiday pay or additional compensation for working during holidays.
This article breaks down what you need to know about holiday pay, including common employer practices, eligibility requirements, and how to navigate your rights effectively.
Quick Summary:
- Federal law does not mandate holiday pay for any employees, including part-time workers, leaving it up to individual employer policies.
- Many employers offer holiday pay as a benefit, which may include regular pay for the holiday or additional compensation for hours worked during holidays.
- Eligibility for holiday pay often depends on factors such as employment status (full-time or part-time), length of service, and company-specific policies.
- Knowing these key details can help you understand your employer's holiday pay practices and advocate for fair treatment.
What is Holiday Pay?
According to BambooHR, holiday pay refers to any non-standard compensation provided by an employer to employees during holidays [1].
This compensation could include fully or partially paid time off, a bonus, or extra hourly pay for working on a holiday. In the United States, holiday pay often involves paying employees at a rate of "time-and-a-half," which is 150 percent of their regular hourly wage, for hours worked on holidays.
Also Read: Do Part Time Employees Get Vacation Time?
Holiday Pay for Part-Time Employees in the U.S.
According to Deel, federal labor laws in the United States, including the Fair Labor Standards Act (FLSA), do not mandate payment for time not worked.
This includes vacation days and federal holidays, such as [2]:
- Thanksgiving Day
- Independence Day
- Labor Day
- Memorial Day
- Christmas Day
- New Year's Day
- Veteran's Day
- Martin Luther King Jr. Day
Holiday pay policies in the United States are primarily governed by agreements between employers and employees, as federal law does not mandate payment for holidays.
However, exceptions and state-specific regulations can impact employee entitlements. Below is an overview of key federal and state guidelines, along with notable exceptions and considerations for holiday pay.
Federal Holiday Pay Guidelines
- Fair Labor Standards Act (FLSA):
Federal labor laws, including the FLSA, do not require employers to pay employees for time not worked, such as vacation days or federal holidays like Thanksgiving, Christmas, and Labor Day. Payment for holidays is left to the discretion of the employer.
- Holiday Pay Rates:
Employers may choose to offer holiday pay at a higher rate, such as time and a half or double time, for employees working on federal holidays. This policy is acceptable as long as it is clearly outlined and consistently applied.
- Exceptions to Federal Rules:
- Service Contract Act (SCA): Employees covered under the McNamara O'Hara Service Contract Act are entitled to holiday pay.
- Davis-Bacon and Related Act: Workers covered by this act may also qualify for holiday pay benefits.
- Overtime Pay: Non-exempt employees (earning less than $684 weekly or $35,568 annually) may qualify for overtime pay for holiday hours, depending on the number of hours worked.
State-Specific Regulations
While federal law does not require holiday pay, some states have implemented their own laws that provide additional protections:
- Rhode Island: Full-time employees are entitled to holiday pay under state law. Part-time workers, however, are not covered by this requirement.
- Massachusetts: Employers are required to pay holiday pay to full-time employees for specific holidays. Part-time employees may not receive the same benefit unless stipulated in their employment contract or company policy.
- General Trends: Many states leave holiday pay policies up to employers, but collective bargaining agreements or industry-specific regulations can influence entitlements.
Key Considerations for Employees and Employers
- Employment Contracts: Holiday pay policies must be clearly outlined in employment contracts or handbooks to ensure transparency and compliance with applicable laws.
- Collective Bargaining Agreements: Unionized workplaces may have specific agreements in place that mandate holiday pay for both full-time and part-time employees.
- State Law Variances: Employees should check their state’s specific labor laws, as some states provide greater protections than federal laws.
Holiday pay in the United States is largely a matter of employer policy, shaped by federal guidelines and state-specific laws. While most employers are not legally required to provide holiday pay, exceptions like the SCA and Davis-Bacon Act, as well as state mandates, can influence entitlements.
Employees should review their contracts and state laws to fully understand their rights, while employers should ensure that holiday pay policies are clearly defined and consistently enforced to avoid legal disputes.
The good news is that employee benefits for part-time workers are trending upward in the US. Vacation pay, worker’s compensation, retirement plans, disability insurance, sick leave, parental leave, and health insurance are becoming standard perks, particularly among large employers - Agency Stated.
How is Holiday Pay Calculated?
Calculating holiday pay can often feel confusing, but understanding the basic formulas and examples can help employees determine what they are entitled to.
According to a 2024 Intuit publication, holiday pay is typically calculated using a multiplier of 1.5x or 2.0x the employee’s regular pay rate [3].
Here’s how it works:
- Example: If an employee earns $15 per hour:
- At a 1.5x holiday pay rate, they would earn $22.50 per hour.
- At a 2.0x holiday pay rate, they would earn $30 per hour.
Key Scenarios for Holiday Pay
Holiday pay calculations can vary depending on your work circumstances, such as regular shifts, overtime, or state-specific policies.
Below are some common examples to help you understand how holiday pay is typically determined:
Regular Shift on a Holiday
- Employee: John, a part-time retail worker earning $12/hour.
- Holiday Pay Rate: 1.5x.
- Calculation:
12×1.5=1812 \times 1.5 = 1812×1.5=18
John earns $18/hour for holiday work.
Overtime on a Holiday
- Employee: Sarah, a server earning $10/hour who works 8 regular hours and 4 overtime hours on a holiday.
- Holiday Pay Rate: 2.0x for regular hours, 1.5x for overtime.
- Regular Pay: 10×8×2=16010 \times 8 \times 2 = 16010×8×2=160
- Overtime Pay: 10×4×1.5=6010 \times 4 \times 1.5 = 6010×4×1.5=60
Sarah earns a total of $220 for the day.
State-Specific Policies
- Employee: Mark, a California worker earning $20/hour.
- Holiday Pay Rate: 2.0x under his company policy.
20×2=4020 \times 2 = 4020×2=40
Mark earns $40/hour for holiday work.
Understanding holiday pay calculations is essential to ensure you are paid fairly for your work. Whether your employer offers 1.5x or 2.0x pay, knowing these basic formulas and scenarios can help you calculate your holiday earnings accurately.
Designation of Holidays
According to this notice by the Office of Personnel Management, holidays for Federal Employees are [4]:
- New Year's Day (January 1).
- Birthday of Martin Luther King, Jr. (Third Monday in January).
- Washington's Birthday (Third Monday in February).
- Memorial Day (Last Monday in May).
- Juneteenth National Independence Day (June 19).
- Independence Day (July 4).
- Labor Day (First Monday in September).
- Columbus Day (Second Monday in October).
- Veterans Day (November 11).
- Thanksgiving Day (Fourth Thursday in November).
- Christmas Day (December 25)
Eligibility for Holiday Pay
According to the U.S. Department of Commerce, to qualify for paid holiday leave or holiday premium pay, an employee must have a regular, pre-scheduled work schedule [5].
Employees with irregular or intermittent schedules, such as part-time workers without set hours, are not eligible for paid holidays or holiday premium pay. If these employees work on a holiday, they are only entitled to their regular pay rate for up to 8 hours and their overtime rate for any hours beyond 8.
When a part-time employee, with a regular schedule, works scheduled and unscheduled non-overtime hours on a holiday, they are entitled to holiday premium pay for all scheduled hours up to 8, and to their basic rate for all additional unscheduled hours which are not overtime hours.
Full-time employees on compressed schedules are entitled to holiday pay for all scheduled non-overtime hours of the holiday.
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What the FLSA Says About Holiday Pay?
The Fair Labor Standards Act (FLSA) establishes federal guidelines for wages and hours but does not require employers to provide holiday pay, leaving it to individual policies or employment contracts.
Non-exempt employees, however, must be paid time and a half for hours worked beyond 40 in a workweek, including holiday hours that exceed this threshold.
Starting January 1, 2025, the FLSA will raise the salary threshold for overtime exemption to $58,656 annually or $1,128 weekly.
Collective Bargaining Agreements
CBAs often provide workers with enhanced benefits, including holiday pay:
- Negotiated Perks: CBAs may require higher pay rates for working on holidays or guarantee paid holidays for employees.
- Stronger Worker Protections: Employees under CBAs often enjoy more robust legal safeguards than those in standard agreements.
- Defined Dispute Resolutions: CBAs typically outline processes for resolving conflicts over holiday pay, giving employees a clear path to address issues.
Legal Precedents Shaping Holiday Pay Policies
Recent legal cases have highlighted the importance of consistency in holiday pay policies, with courts stressing that employers must adhere to their stated guidelines to avoid claims of unfair labor practices.
Ambiguities in employment contracts are increasingly interpreted in favor of employees, especially regarding benefits like holiday pay. Additionally, ongoing legislative debates in various states suggest potential expansions to holiday pay rights, signaling possible regulatory changes ahead.
As regulations evolve, both employers and employees must stay informed. Employers need to ensure compliance with the highest applicable standards, while employees should understand their rights to advocate for fair holiday pay.
FAQs
Can an employer deny holiday pay to part-time workers?
Employers cannot deny holiday pay to part-time workers if it is mandated by law or company policy. Disputes may be resolved through legal or regulatory channels.
Do part-time workers get paid for holidays they do not work?
Part-time workers may receive pay for holidays they do not work, depending on company policy and legal requirements, often calculated based on average hours worked.
Are part-time workers entitled to the same holiday pay as full-time workers?
Part-time workers are entitled to holiday pay on a pro-rata basis, reflecting the proportion of hours they work compared to full-time employees.
What should I do if I am a part-time worker and not receiving holiday pay?
If you are not receiving holiday pay, review your employment contract and local labor laws. You may need to discuss the issue with your employer or seek legal advice.
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References:
1. https://www.deel.com/blog/do-part-time-employees-get-holiday-pay///
2. https://quickbooks.intuit.com/r/payroll/holiday-pay/
3. https://www.commerce.gov/hr/practitioners/compensation-policies/premium-pay/eligibility-for-paid-holidays
4. https://www.bamboohr.com/resources/hr-glossary/holiday-pay
5. https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/