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Holidays - What is/ is not acceptable? Illinois Illinois

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  • Holidays - What is/ is not acceptable? Illinois Illinois

    If an employer has the following verbiage in their handbook, "Salaried associates are paid for the following holidays: New Year’s Day, Easter, Thanksgiving, and Christmas. If one of these holidays falls on a regularly scheduled day off (e.g., Easter Sunday), the salaried associate may take an additional day off when scheduling allows. The following holidays are unpaid holidays: Memorial Day, July 4th and Labor Day. For each of these unpaid holidays, the salaried associate may use a personal day, vacation day, work the hours of 9:00 am to 4:00 pm, or arrange to work another day that same week (e.g., Saturday)." Can the employer change their mind and tell an office that they may not take an additional day towards holiday?

    We've had an incidence where the president of the company made a huge issue of the day of closure being on Easter Sunday and that would be the office day off (even though the office is only scheduled Monday - Friday). May of the employees were disgruntled about the lack of being able to take either Good Friday or the Monday after off in observation. We have other locations who would have worked Easter Sunday if the employee had been scheduled, but as an office we've never worked a Sunday.

    I realize companies are not required to provide holidays; however, if a holiday has been established certainly the president can't just take it away because they are having a bad day/week/ moment, correct?

  • #2
    Unless the handbook is written in such a way as to constitute a legally binding and enforceable contract, yes, they can. An employer is able to change policies going forward. Besides, the policy as you've provided it says, WHEN SCHEDULING ALLOWS. That doesn't sound very iron-clad to me.

    Few if any employers would provide an "alternate" day off for a day on which the office is always closed anyway. It's one thing for a holiday tied to a date, such as Independence Day, which can fall on any day of the week. I would expect that if the 4th of July fell on a weekend, that an alternate day would be provided.

    But Easter Sunday is always going to fall on a Sunday. There's never going to be a time when the office is open on Easter Sunday unless you go to a seven-day-a-week schedule.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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