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Holiday Pay - Kentucky

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  • Holiday Pay - Kentucky

    My wife works for a major corporation in the corporate offices. She works within the companies Customer Service area and therefore they have different hours than the remainder of the workers in the building.

    All corporate employees receive 8 hours of holiday pay for Labor Day. However in my wifes department, they only receive holiday pay if it is a normally scheduled work day at which time the receive holiday pay plus their stright pay for working that day. Is it possible that different departments have different guidelines on Holiday Pay for days the company does recognize as national holidays? If other FTE's in the org are getting 8 hours of pay, can other FTE's who's other benefits mirror not get the holiday pay?

  • #2
    Yes, it is legal for different classifications of employees to receive different levels of benefits, including holiday pay. As a matter of fact, neither Federal nor Kentucky law requires the employer pay any premium for working a holiday at all.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Here is the policy with the company name omitted:

      It is the policy of Company Name to designate and observe standard holidays, which are consistent with customer expectations and to reserve the right to designate additional or discretionary holidays as deemed appropriate.

      This policy applies to regular full-time (32 or more hours per week) Company Name corporate team members, corporate field support team members, and team members in Food Service and Support Services. This policy does not apply to team members in restaurant operations, including Directors of Operations and Operations Vice Presidents.

      1) The established holiday year is the calendar year, January 1 through December 31.
      2) Company Name recognizes six (6) holidays each calendar year. Paid holidays designated and observed by Company Name each calendar year are as follows:
      Paid Holidays Date Observed
      New Year’s Day Memorial DayIndependence DayLabor DayThanksgivingChristmas Day January 1Last Monday in May July 4First Monday in SeptemberLast Thursday in NovemberDecember 25
      3) Restaurants are closed on Thanksgiving and Christmas Days. Hourly restaurant team members are not paid for days not worked. Salaried team members in restaurant operations, including directors of operations and above, are paid for these days as part of their regular days off. All team members in restaurant operations, including directors of operations and above, are required to work on holidays if scheduled, except Thanksgiving and Christmas holidays.
      4) Part-time and temporary team members are not eligible for paid holidays.
      5) Floating Holidays: In addition to six (6) paid holidays per calendar year, Company Name also provides two (2) floating holidays to eligible team members to use as they deem appropriate for their particular need.
      Note: Support Services team members and PJ Food Service production, distribution and maintenance team members receive two extra days as part of their accrued PTO plan in lieu of two floating holidays.
      6) During the initial year of employment or placement into an eligible position, new hires and rehires are provided with paid floating holidays as follows:
      Hire or Placement Date Floating Holidays Provided
      Jan. – Jun.Jul. – Dec. 2 floating holidays1 floating holiday

      7) Prior to taking floating holidays, team members must complete a Time Off Request (see "Forms" section) and secure their supervisor/manager’s approval. In approving such requests, supervisors/managers should ensure adequate staffing levels. Supervisors/Managers have primary responsibility for tracking floating holidays, so absences can be appropriately managed. Time Off Requests should be maintained within each respective department. For corporate hourly team members, holiday and floating holiday hours taken must be specified on the weekly Timesheet submitted to Payroll.
      8) Holiday pay is based upon a team member’s regularly scheduled shift on which the holiday falls. For example, team members regularly assigned to eight (8) hour shifts are eligible for eight (8) hours of holiday pay. Similarly, team members regularly assigned to ten (10) or 12-hour shifts are eligible for ten (10) or 12 hours of holiday pay respectively.
      9) To receive holiday pay, team members must work their regularly scheduled shift immediately prior to and after the holiday or be regularly scheduled to work (or on an authorized paid absence) the day of the holiday. Team members on an unpaid leave of absence (short term or long term disability, workers' compensation personal leave or military leave) are not eligible to receive holiday pay, unless the holiday falls during a period of time in which paid leave is substituted for unpaid leave. Team members on an authorized paid absence (vacation time, sick time, jury or witness duty leave or bereavement leave) are eligible to receive holiday pay.
      10) A paid holiday does not necessarily guarantee a day off. If an hourly team member is required to work on a designated holiday, he/she will receive premium holiday pay (time-and-one-half for the hours worked on the holiday in addition to holiday pay). If a team member does not qualify for holiday pay (for any reason) but does work on a designated holiday, the hours worked will be paid at regular time (not time-and-one-half).
      11) Paid holidays which fall on a Saturday will be observed on the preceding Friday. Paid holidays which fall on a Sunday will be observed the following Monday. In the event team members work the observed as well as the actual holiday, they will receive holiday pay for only one of those days. Premium holiday pay will be applied to the observed or actual holiday with the greatest number of hours worked.
      12) A paid holiday does not count as a day worked for purposes in determining overtime for the week. Only hours actually worked are used to calculate overtime pay.
      13) In the event a holiday occurs during a team member’s vacation, he/she will be paid holiday pay, instead of vacation/PTO pay.
      14) For salaried managers, the value of a holiday is one-fifth of the weekly salary.
      15) Team members who feel there is a discrepancy in the calculation of their holiday pay, floating holiday balance or eligibility may contact Employment Services via the People Services Hotline at 1-888-442-7272.
      16) Company Name recognizes that some team members may wish to observe, as periods of worship or commemoration, certain days, which are not included in Company Name regular holiday schedule. Accordingly, a team member who would like to take a day off for such reasons may be permitted to do so if the team member’s absence from work will not result in an undue hardship on Company Name business, and if the team member’s supervisor approves. Team members may use available floating holiday or vacation time/PTO on such occasions, or take such time off as an unpaid, excused absence.
      17) All holidays, including floating holidays, must be used during the current calendar year and may not be carried over.
      18) Upon separation of employment, team members are not paid for unused holidays, including floating holidays.
      Reading this policy I would be led to believe that any full time employee working more than 32 hours per week would receive this benefit??


      • #4
        I'm not sure I don't agree with you in principle, but is it possible that her area has a separate policy that is not addressed in the handbook or the generic policy?

        Has she contacted her local HR and, if necessary, corporate HR? What do they say?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          I believe this is the only policy that she can locate. When the question was asked to the HR department it was verbally stated that they didn't get holiday pay unless it was a scheduled workday and they worked it; there is nothing in writing stating anything different than what is in the policy I posted.


          • #6
            An exception doesn't have to be in writing. If that's what HR says the policy is, then I don't see that you have any recourse.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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