Is Time Off for Federal Holidays Legally Required in 2021?
With federal holidays scattered throughout the year, HR teams need to make sure their workforces are prepared for every long weekend. Does your organization offer time off for federal holidays? And if not, are you legally obligated to? Make sure team members know your organization’s off days and PTO policy with the following best practices.
Are Employers Legally Required to Offer Memorial Day Off?
Employers are not required to pay for time off on holidays, but many choose to observe some of those days and pay employees for the day off as a way of boosting employee retention and attracting new employees. Some employers don’t automatically offer paid time off for holidays, but instead, offer paid time off policies that allow employees to choose when they want to take days off.
Other employers implement holiday pay if their employees do work those days. Average holiday pay is typically equivalent to overtime pay, which is 1.5 times the normal hourly pay. However, it’s not required.
It’s recommended that all employers have a time-off policy for paid holidays in place. When creating a policy, here are important details to include:
- What employees are eligible (exempt, nonexempt)
- Which dates are designated as paid holidays
- If there are any special pay rates or bonuses for employees who work on these days
- How these days are observed if they fall on a weekend (holidays that fall on Saturday are typically observed on the preceding Friday; holidays that fall on Sunday are typically observed on the following Monday)
What Else Should Employers Know About Federal Holidays?
For most companies, no federally mandated PTO laws exist for public holidays. However, for government contract work and federally-supported contract work that falls under the McNamara O'Hara Service Contract Act (SCA) or Davis-Bacon and Related Acts (DBRA), it may be mandated by federal law to offer paid time off holidays for federal employees. Each of these acts uses the prevailing local standard for fringe benefits to determine if PTO needs to be offered. So, if the prevailing local standard is to offer PTO, then PTO must be offered.
If an employer offers paid leave, it is important to note that it must be done in accordance with the standards of the Equal Employment Opportunity Commission (EEOC). This means that an organization’s PTO policy must not discriminate on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. Employers, however, can segment PTO policies based on tenure, location, time commitment (i.e. part-time vs. full-time), and other factors.
HR teams should research the PTO laws that correspond to the state in which their company does business to ensure that the organization remains compliant with any state holidays as well. If issues are discovered, HR can consider conducting a PTO audit to review and update the policy (doing so could boost recruitment and retention).
What Days are Federal Holidays in 2021?
There are at least ten days a year that are designated by the United States government as federal holidays. Depending on the year, there might be an extra day or so. For example, this year's presidential inauguration on January 20th warrants an extra holiday on Inauguration Day.
Otherwise, the federal holidays that occur every year—and their dates in 2021—are the following:
|January 1||New Year's Day|
|January 18||Martin Luther King, Jr. Day|
|February 15||Washington’s Birthday (Presidents Day)|
|July 4 (observed on July 5, since it falls on a Sunday)||Independence Day|
|September 6||Labor Day|
|October 11||Columbus Day|
|November 11||Veterans Day|
|November 25||Thanksgiving Day|
|December 25 (observed on December 24, since it falls on a Saturday)||Christmas Day|
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