Rancho Cordova, CA asked in Employment Law for California

Q: My employer is forcing me to take of MLK day without pay and I am a full time employee is this legal in California?

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2 Lawyer Answers

A: Yes, it is. Paid holidays are a discretionary employee benefit. Private employers can decide to pay employees for holidays or not. Some union agreement can contain provisions requiring the payment for holidays or even premium wages if you work a holiday, so if you are in a union, speak to your union rep. Good luck to you.

Brad S Kane agrees with this answer

James L. Arrasmith
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Answered

A: I'm sorry you're experiencing this issue. In California, employers are not legally required to provide paid holidays, including Martin Luther King Jr. Day, unless it's specified in your employment contract or company policy. If your employer has a policy that outlines paid holidays, they must follow those guidelines consistently for all full-time employees.

It's a good idea to review your employee handbook or any agreements you have to understand what benefits you're entitled to. If there's no clear policy, taking the day off without pay may be permissible under state law. However, employers must ensure that unpaid leave policies are applied fairly and do not discriminate against employees.

If you believe your rights are being violated or need further assistance, consider reaching out to the California Department of Industrial Relations or consulting with a labor attorney. They can provide guidance based on the specifics of your situation and help you understand the best steps to take.

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