Legal Question in Employment Law in California

Company-wide benefit change from designated holidays to flexible holiday time
Our company recently changed from designated holiday days and additional floating holidays to an 80 hour flexible holiday plan which only designates Thanksgiving and Christmas days as company-wide observed holidays. At the end of the year, up to 40 hours of unused flexible holiday time may be cashed out. I am an exempt employee who would like to use the 'no-pay' option presented by the HR manager rather than using a flexible, PTO or vacation day in leiu of working on a nationally recognized holiday day such as Memorial Day. The department manager has indicated that approval will not be granted for any 'no-work with no-pay' for any employee who has vacation, PTO or flexible time on the books.

My question: Am I entitled to the 'no-pay' option without using vacation, PTO or flexible time as an exempt employee? Is it legal for a department manager to specify additional requirements for time off on nationally recognized holiday days that may not be applicable company-wide?

Asked on 1/03/01, 7:54 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Company-wide benefit change from designated holidays to flexible holiday tim

Yes, they can do that. The law does not require them to give you any holidays off, with paid or without pay.

Answered on 1/05/01, 12:37 pm

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