It’s the Season: Time Off for Holidays in Texas

/ 11/19/2011

With the holidays rapidly approaching, employers and employees alike may be asking questions about holiday pay and time off for special days. Although many employers offer paid holidays to their employees as a benefit, no Texas or federal law actually mandates that employees be paid for taking time off to celebrate a holiday.


The Fair Labor Standards Act does not require employers to pay workers who are not exempt from its provisions for time that these workers did not work. Therefore, if an employee does not work on a holiday, either because the employee took the day off or because the employer opted to close the business for the day, the employer need not compensate the employee for that day.


Further, no Texas or federal law requires employers to provide employees with time off on holidays; employers may require employees to work any day of the year. Finally, no law requires an employer to pay its employees who work on holidays at increased “holiday pay” rates.


To avoid misunderstandings this holiday season, employers should establish their holiday policies and ensure that all employees understand them. Managers should discuss any scheduling issues in advance. Often, a little flexibility from an employer goes a long way towards keeping employees content and productive. For more information about employment law, contact the labor and employment law lawyers of Clouse Dunn LLP at [email protected]

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