The Lede

When it comes to holidays, California employers have a lot of leeway. Unlike some other states, California law does not require employers to give employees the day off for holidays. In fact, federal law doesn't mandate paid holidays either. So, what does this mean for employees? And what options do they have if they need a day off for a family emergency or to care for a loved one?

Background & Context

California's labor laws are designed to protect employees, but there are still some gray areas. For example, while employers are required to provide employees with a certain number of paid sick days, they don't have to provide paid holidays. This means that employees may not get the day off for holidays like Christmas or New Year's, even if they work for an employer that closes its doors on those days. But what about other types of time off, like bereavement leave or family emergency leave? Do employees have any rights in these situations?

Deep Dive

So, what are the rules around paid time off in California? According to the California Department of Industrial Relations, employers can choose to offer paid holidays, but it's not required. In fact, the department says that employers can even choose to close their doors on holidays and give employees the day off without pay. But what about employees who need time off for other reasons, like a family emergency or to care for a loved one? In these situations, employees may be entitled to unpaid leave under the Family and Medical Leave Act (FMLA). However, this leave is only available to employees who have worked for their employer for at least 12 months and have completed at least 1,250 hours of service in the 12 months preceding the start of the leave. Additionally, employers can choose to offer more generous leave policies, but this is not required. Some employers may offer bereavement leave, which allows employees to take time off following the death of a family member. However, the amount of time off and the type of leave offered can vary widely from employer to employer.

Expert Angle

Employment law expert, Michael S. Arias, says that while California law doesn't require employers to give employees the day off for holidays, it does provide some protections for employees who need time off for family emergencies or to care for a loved one. 'While employers don't have to offer paid holidays, they do have to comply with federal and state laws that provide for unpaid leave in certain situations,' Arias says. 'So, while employees may not get the day off for holidays, they may be entitled to unpaid leave under the FMLA or other laws.'

What Comes Next

As California employers continue to grapple with the issue of paid time off, employees are left wondering what their rights are. While employers may not be required to give employees the day off for holidays, they may still choose to offer paid time off voluntarily. In the meantime, employees can look to federal and state laws for protections. And, of course, employers can choose to offer more generous leave policies, but this is not required.