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  • West Virginia

    Is it right that employers to deny a request for a day for reasons of that it is a holiday and not the fact that the employee is needed? My manager has a rule that everyone has to work on holidays, which I understand the fairness to the fellow employees, but it isn't fair for the employees who have family traditions due to religious reasons or just thats the time they have to do to their traditional activities as a family.

  • #2
    It may or may not be right. It is legal. Why should you get the day off when no one else does? Everyone else has family traditions too.
    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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    • #3
      i think it should be treated like a regular day, and ask who is willing to work, then for the shifts that need filled for the one who don't volunteer rotate through the employees through holidays first, then if that doesn't work then everyone, but thats not the case. Their are acouple of employees willing to work my shift cause they want to not that I asked, and it still got denied. it seems more personnel then business.
      Last edited by iceq19; 06-30-2009, 05:50 PM. Reason: wanted to

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      • #4
        Since there is a rule that everybody has to work on holiday, I will assume that the people willing to work you shift would do so in addition to working their own?

        If that is the case it could mean overtime plus holiday pay for the employer. Perhaps that is the reason it is not permitted.

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        • #5
          That's a shame, but it's still 100% legal for the employer to deny your request.
          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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          • #6
            that is a good point but at my company doesn't pay holiday pay and they get overtime every week and they are shorten shifts, it would only be an hour or two more, so i don't see the reason why they should have denied it. but here another question kinda on the subject, for instance I normally go with my family to florida on thanksgiving week, now I would have to miss it to work 4 or 5 hours, now i would just be like good luck on getting me back to work 5 hours when i am 1200 miles away, could they fire me for that? Just wondering.

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            • #7
              Yes, you could be fired for that.

              Really, the answer is not going to change no matter how many times you ask the question. No Federal law and no law in any state requires an employer to give ANY holidays off. Ever.
              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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