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working day before a holiday
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working day before a holiday
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We do not have this policy, but one of my employees asked if I could find the answer for her. Her husband's company has a policy that you must work both the day before and the day after a holiday to b
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working day before a holiday

posted at 6/9/1999 1:57 AM EDT
Posts: 6
First: 6/9/1999
Last: 9/5/2001
We do not have this policy, but one of my employees asked if I could find the answer for her. Her husband's company has a policy that you must work both the day before and the day after a holiday to be paid for the holiday (I know many companies have this policy). Her husband hurt himself quite badly on Memorial Day and refused to go to the hospital because he was afraid they would tell him to stay out of work on Tuesday and he would then not get paid for the Monday holiday. She wonders if a doctor's note would have protected him from the 'no pay' rule. My personal opinion is that it would be up to the company's policy, but I wanted to be sure there were no legal issues.

Thanks.
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working day before a holiday

posted at 6/9/1999 2:37 AM EDT
Posts: 38
First: 6/9/1999
Last: 10/26/2004
Well, this is actually a bit of a "sticky wicket" if you ask me. First, it depends on state law. Some states have statutes which govern how holidays are treated for pay purposes. Second, it depends on whether the reason the employee was off work falls under the Federal Family and Medical Leave Act or similar state laws. If the leave is a FMLA qualified leave, then there is a big issue concerning whether the employer can treat the pre/post--holiday absence as an absence for purposes of holiday pay. If the employee worked either the day before or the day after the holiday (the other day being the FMLA day), then I think most courts would say that the employer had to pay the holiday pay. If the employee has a FMLA absence both the day before and the day after, then I can see both sides of the issue. (As a management attorney, I would argue that the holiday should not be paid, but have not seen any cases on this point.)
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