Can Your Employer Make You Work on a Holiday?

Can Your Employer Make You Work on a Holiday?

If your employer schedules you to work on a holiday, you may wonder whether you are legally allowed to refuse.

In most cases, yes, your employer can require you to work on a holiday. Federal law generally does not require private employers to give employees holidays off, and it does not generally require employers to pay extra simply because an employee works on a holiday.

However, there are important exceptions.

Your employment contract, company policy, union agreement, state law, federal contract requirements, or religious-accommodation laws may give you additional rights.

Can an Employer Require You to Work on a Holiday?

Generally, yes.

For most employees working for private companies, a holiday is legally treated much like any other workday.

Federal law does not generally require an employer to close on holidays or give employees the day off. The Fair Labor Standards Act (FLSA) also does not require private employers to provide paid or unpaid holiday leave.

For example, an employer may generally schedule employees to work on:

• New Year’s Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving
• Christmas
• Martin Luther King Jr. Day
• Presidents’ Day
• Veterans Day
• Other federal holidays

The fact that a day is a federal holiday does not automatically mean private-sector employees have a legal right to stay home.

Do Private Employers Have to Give Employees Federal Holidays Off?

No, not generally.

Federal holidays primarily affect federal government operations and certain federally regulated activities. They do not automatically require private businesses to close.

For example, a private restaurant, hospital, retail store, hotel, factory, or other business may remain open on a federal holiday.

Whether you receive the day off usually depends on your employer’s policies, your employment agreement, a collective bargaining agreement, or applicable state or local law.

Do You Get Holiday Pay for Working on a Holiday?

Not necessarily.

Federal law generally does not require private employers to pay employees extra simply because they work on a holiday.

The FLSA does not require holiday pay for time not worked, nor does it require premium pay simply because an employee works on a holiday.

An employer may voluntarily provide:

• Holiday pay
• Time-and-a-half
• Double time
• A paid holiday plus pay for hours worked
• Another holiday benefit

But these benefits generally come from the employer’s policy, an agreement, or another applicable law rather than a general federal requirement.

Do You Get Double Pay for Working on a Holiday?

Usually, no—not simply because it is a holiday.

There is no general federal law requiring private employers to pay double time for holiday work. The Department of Labor specifically explains that hours worked on a holiday are generally treated as hours worked on any other day for purposes of the FLSA.

So if your normal rate is $20 per hour, federal law generally does not require your employer to pay $40 per hour simply because you worked on Christmas or Thanksgiving.

Your employer may still have a policy promising additional holiday pay.

Can You Get Overtime for Working on a Holiday?

Possibly—but not simply because it is a holiday.

Under the FLSA, covered, nonexempt employees generally must receive overtime at a rate of at least one and one-half times their regular rate for hours worked over 40 in a workweek.

For example, suppose you normally work:

• Monday: 8 hours
• Tuesday: 8 hours
• Wednesday: 8 hours
• Thursday: 8 hours
• Friday: 8 hours
• Saturday: 8 hours

If Saturday happens to be a holiday, the holiday itself does not automatically create overtime.

You have worked 48 hours during the workweek, however, so the hours over 40 may qualify for overtime if you are a covered, nonexempt employee.

The key is how many hours you actually worked during the workweek, not whether the day was a holiday.

Does Holiday Pay Count Toward Overtime?

Generally, paid holiday hours that you did not actually work are not counted as hours worked for FLSA overtime purposes.

For example, suppose you work:

• Monday: 8 hours
• Tuesday: 8 hours
• Wednesday: 8 hours
• Thursday: 8 hours
• Friday: 8 hours
• Saturday holiday: 8 hours paid but not worked

You have 40 hours actually worked—not 48 hours worked.

The paid holiday generally does not become “hours worked” simply because you were paid for it.

There can be different rules under an employer’s policy, contract, collective bargaining agreement, or particular government-contract requirements.

Can Your Employer Make You Work on Thanksgiving?

Generally, yes.

Thanksgiving is a federal holiday, but that does not automatically give private-sector employees the right to take the day off.

A private employer can generally operate on Thanksgiving and schedule employees to work.

Whether you receive additional pay or another benefit depends on the applicable policy, agreement, or law.

Can Your Employer Make You Work on Christmas?

Generally, yes.

Christmas Day is a federal holiday, but private employers are generally not required by federal law to close or give employees the day off.

An employer may therefore schedule employees to work on Christmas.

However, if working Christmas conflicts with a sincerely held religious belief or practice, additional legal protections may apply.

What If Your Employer Promised You Holidays Off?

That can change the situation.

Check your:

• Employee handbook
• Employment contract
• Offer letter
• Union contract
• Holiday policy
• Written workplace policies

If your employer has made a binding contractual promise concerning holidays, the employer may have obligations beyond the general rules of federal employment law.

Company policies can also be relevant, although not every employee handbook provision creates a legally enforceable contract.

The exact language matters.

Can Your Employer Change a Holiday Schedule?

In many situations, an employer can change employee schedules, including holiday schedules, subject to applicable state law, contractual obligations, collective bargaining agreements, and other legal restrictions.

For example, an employer might originally tell employees that the business will be closed on Christmas and later decide to remain open.

Whether the employer can require you to work may depend on the circumstances and the applicable policies or agreements.

If your employer has specifically promised employees a paid holiday or a day off, review the language carefully before assuming the employer can simply disregard it.

Can You Refuse to Work on a Holiday?

Sometimes—but refusing a scheduled shift can have consequences.

If there is no legal protection allowing you to refuse the assignment, an employer may generally discipline or terminate an employee for refusing to work a required shift, subject to applicable law.

That is particularly important for at-will employees.

Before refusing to work, determine whether you have a legal basis for doing so.

For example, different rules may apply if:

• The holiday conflicts with a religious observance.
• You have a contractual right to the day off.
• A collective bargaining agreement protects you.
• State law gives you a particular right.
• The employer is violating another employment law.
• You are covered by a specific federal contract requirement.

Can You Refuse to Work a Holiday for Religious Reasons?

This is one of the most important exceptions.

Title VII of the Civil Rights Act generally requires covered employers to reasonably accommodate an employee’s sincerely held religious beliefs or practices when they conflict with a work requirement, unless the accommodation would impose an undue hardship on the employer.

For example, an employee may have a sincerely held religious belief that prevents them from working on a particular day.

A religious accommodation might involve:

• Giving the employee the day off
• Allowing a shift swap
• Changing the employee’s schedule
• Allowing a different work schedule
• Providing another reasonable accommodation

The employer does not necessarily have to give the exact accommodation the employee requests. The employer and employee should work together to determine an effective accommodation.

What If Your Holiday Is a Religious Holiday?

A religious holiday can be different from a federal holiday.

For example, an employee may observe a religious holiday that is not included on the employer’s list of paid company holidays.

If working that day conflicts with a sincerely held religious practice, the employee may be entitled to request a reasonable religious accommodation under Title VII.

The EEOC specifically recognizes schedule changes, voluntary shift substitutions, and shift swaps as potential religious accommodations.

An employer does not have to provide an accommodation that would create an undue hardship under the applicable legal standard.

Does Your Employer Have to Let You Swap Shifts for a Religious Holiday?

Not always, but shift swapping can be an appropriate accommodation in some circumstances.

The EEOC explains that voluntary shift swaps can be a way of accommodating an employee’s religious practice when the employee cannot work a particular day because of a sincerely held religious belief.

The employer should consider whether the proposed accommodation actually resolves the religious conflict and whether it creates an undue hardship.

The Supreme Court’s decision in Groff v. DeJoy clarified that, under Title VII, an undue hardship involves a burden that is substantial in the overall context of the employer’s business.

Can You Be Fired for Refusing to Work on a Religious Holiday?

Not necessarily.

If your refusal is based on a sincerely held religious belief and you properly request a reasonable accommodation, an employer generally cannot simply discriminate against you because of your religion or because you requested a religious accommodation.

The employer must consider whether a reasonable accommodation is available unless doing so would create an undue hardship.

That does not mean every employee can simply refuse to work a holiday by claiming it is a religious holiday.

The employee must have a sincerely held religious belief or practice that conflicts with the work requirement, and the employer’s legal obligations depend on the circumstances.

What If Your Employer Gives Other Employees the Holiday Off?

That does not automatically mean you have a legal right to the day off.

Employers may use different scheduling systems, seniority rules, rotating holiday schedules, or other policies.

However, unequal treatment can become legally significant if it is based on a protected characteristic or if the employer is refusing a legally required accommodation.

For example, if an employer allows employees to observe certain religious holidays but refuses to consider another employee’s sincerely held religious observance, the circumstances may warrant closer examination.

Do State Laws Require Holiday Pay?

Some states may provide protections or requirements that go beyond federal law.

This is why the answer can change depending on where you work.

Federal law generally does not require private employers to provide holiday pay or holiday time off.

But state laws, employment contracts, collective bargaining agreements, and employer policies may provide additional benefits.

Before assuming that federal law is the only rule that applies, check the law where you work.

Are Government Employees Treated Differently?

Yes.

Federal employees are subject to different holiday rules than employees of private businesses.

In addition, certain workers employed under federal contracts can have special holiday-benefit requirements.

For example, the Department of Labor explains that the Service Contract Act can impose holiday fringe-benefit requirements under applicable wage determinations.

Therefore, an employee working for a federal contractor should not automatically assume that the ordinary private-sector rules apply.

What Should You Do If Your Employer Says You Have to Work on a Holiday?

Before refusing the shift, take a few steps.

Check Your Employee Handbook

Look for sections covering:

• Holidays
• Holiday pay
• Scheduling
• Attendance
• Religious accommodations
• Time off
• Overtime

Pay particular attention to whether the policy says holidays are guaranteed days off or merely paid benefits when the company closes.

Check Your Employment Agreement

If you have an employment contract, review its language regarding:

• Holidays
• Scheduling
• Hours
• Time off
• Pay
• Termination

A contract can provide rights that do not exist under general federal law.

Check Whether You Are Covered by a Union Agreement

A collective bargaining agreement may contain specific holiday rules.

It may address:

• Which holidays are recognized
• Holiday pay
• Holiday scheduling
• Seniority
• Overtime
• Holiday shift assignments
• Shift swaps

If you are represented by a union, review the agreement or speak with your union representative.

Ask About the Company’s Holiday Policy

If the policy is unclear, ask your employer or HR department how the holiday schedule works.

If you are requesting a religious accommodation, make clear that the request is related to a religious belief or practice.

The EEOC explains that an employee does not have to use special legal terminology or “magic words” to request a religious accommodation, although the employer needs enough information to understand that the request is religious in nature.

Don’t Assume a Federal Holiday Means You Automatically Get the Day Off

This is one of the most common misunderstandings.

A federal holiday does not automatically mean that private-sector employees are entitled to a paid day off.

The FLSA does not generally require private employers to provide holiday leave or premium holiday pay.

Frequently Asked Questions

Can my employer legally make me work on a federal holiday?

Generally, yes. Federal law does not generally require private employers to give employees federal holidays off.

Does my employer have to pay me time and a half on a holiday?

Generally, no. Federal law does not require premium pay simply because you work on a holiday. Overtime may be required if you work more than 40 hours in the applicable workweek and are otherwise covered and nonexempt.

Does my employer have to pay me double time on a holiday?

Generally, no. There is no general federal requirement for double-time holiday pay.

Can I refuse to work on Christmas?

Usually, not simply because Christmas is a holiday. However, religious-accommodation laws may apply if you cannot work because of a sincerely held religious belief.

Can I refuse to work on Thanksgiving?

Generally, no—not simply because Thanksgiving is a federal holiday. Private employers can generally require employees to work holidays unless another law, contract, agreement, or policy provides a right to the day off.

Can I be fired for refusing to work on a holiday?

Potentially, yes, if you simply refuse a required shift and have no legal protection. However, different rules may apply if the refusal involves a protected religious practice or another legally protected right.

Does working on a holiday automatically count as overtime?

No. Holiday work does not automatically qualify for overtime under federal law. Overtime generally depends on the number of hours actually worked during the workweek.

The Bottom Line: Can Your Employer Make You Work on a Holiday?

Yes, your employer can generally require you to work on a holiday.

For most private-sector employees, federal law does not require employers to close on federal holidays, give employees holidays off, or pay extra simply because they work on a holiday.

However, the answer can be different if you have a contract, union agreement, employer policy, state-law protection, federal-contract protection, or a religious accommodation issue.

And while an employer generally does not have to pay extra just because you work on a holiday, you may still be entitled to overtime if your actual hours worked exceed the applicable overtime threshold.

If you are being required to work a holiday and believe the requirement violates a contract, state law, religious accommodation right, or another employment protection, review the specific rules that apply to your situation before refusing the assignment.

Related Articles

• Can Your Employer Make You Work on Your Day Off?
• Can Employers Force Overtime?
• Can Your Employer Change Your Schedule Without Notice?
• What Is the Fair Labor Standards Act (FLSA)?
• Labor Laws hub.
• Employee Rights hub.

Disclaimer

This article provides general information about employment law and is not legal advice. Employment laws vary by state, and the law applicable to your situation may depend on the specific facts and circumstances. For advice about your particular situation, consult a qualified employment attorney in your state. Please read our Terms and Conditions.

Article: Can Your Employer Make You Work on a Holiday?