Holiday pay for federal employees
Holiday pay for federal employees includes 11 federal holidays and Inauguration Day (when applicable). Full-time employees receive an "in lieu of" holiday when a holiday falls on the employee's non-workday.
Holiday pay for private sector employees
Private businesses in the United States do not have to offer holiday pay and do not have to observe federal holidays. As a private business, you can select which holidays to include if you’d like to offer holiday pay. You also have the flexibility to create qualifying criteria for your holiday pay policy.
This may include having different policies for full-time, part-time, and seasonal employees. You’ll just want to ensure your holiday pay policy is clearly outlined in your employment contracts.
Holiday pay exceptions
Rhode Island is the only state that requires holiday pay. According to the state’s Department of Labor and Training, “Work performed by employees on Sundays and holidays must be paid for at least one and one-half (1.5) times the normal rate of pay for the work performed.”
Companies with cross-border employees should also pay careful attention to their applicable employment laws. For instance, Canada requires that all Canadian employees receive statutory holiday pay, even if the employer is a U.S. company.
In all other states, businesses do not have to offer holiday pay and do not have to observe federal holidays. If you offer holiday pay, you can select which holidays to include. You also have the flexibility to create qualifying criteria for your holiday pay policy.
This may include having different policies for full-time, part-time, and seasonal employees. You’ll also want to ensure your holiday pay policy is clearly outlined in their employment contract.
Nonexempt vs. exempt employees
You may decide to structure your holiday pay differently for exempt vs. nonexempt employees. Examples of exempt employees include executive-level positions and professional roles. Nonexempt employees include hourly workers, skilled tradespeople, and technicians.
Here’s how holiday pay usually works for exempt and nonexempt employees:
- Exempt employees are typically salaried and not eligible for overtime pay. They receive their full salary regardless of the number of hours worked or the holidays taken.
- In some cases, these normally exempt employees might receive a small bonus or one and a half hours of paid vacation time for every hour they work on a traditional holiday, but this is given at the discretion of their employer.
- Nonexempt employees are usually hourly workers who are eligible for overtime pay. They may receive holiday pay (if your company offers it) for working on designated holidays.