Georgia Legal Holidays and Holiday Pay Laws

Calendars are often populated with various holidays, both familiar and not. Which ones are you supposed to get off, and are you supposed to get holiday pay if you work them?

Whether you get a paid day off on Thanksgiving Day or Veterans Day in Georgia depends less on the calendar and more on who you work for and what your employer has promised you in writing. This article explores federal holidays, state holidays, and some important related topics.

Federal Holidays

Federal holidays are paid non-workdays for most federal employees. The 11 federally recognized holidays are:

• New Year’s Day: January 1
• Birthday of Martin Luther King, Jr.: Third Monday in January
• Washington’s Birthday: Third Monday in February
• Memorial Day: Last Monday in May
• Juneteenth National Independence Day: June 19
• Independence Day: July 4
• Labor Day: First Monday in September
• Columbus Day: Second Monday in October
• Veterans Day: November 11
• Thanksgiving Day: Fourth Thursday in November
• Christmas Day: December 25

While federal workplaces close down for a federal holiday, not everyone gets the day off. A federal employee who works on a federal holiday is entitled to receive premium pay in addition to their regular rate of pay.

Georgia State Holidays

State holidays are paid non-workdays for most state employees. Georgia law determines the public and legal holidays the state observes. This requires Georgia to recognize all federal holidays designated as of January 1, 2022, plus any additional days proclaimed by the Governor. The statute further mandates 13 state holidays. Like many states, Georgia has its own public and legal holidays.

In addition to the 11 federal holidays, the state recognizes two additional holidays. Each year, Georgia’s governor announces which holidays the state government will observe. By statute, one of the two dates must be January 19 (Robert E. Lee’s birthday) or April 26 (Confederate Memorial Day).

Instead of premium pay, a Georgia state worker who works on a state holiday is entitled to compensatory time off (CTO). This is paid time off equal to the holiday hours you worked. Those unable to use the CTO within a certain timeframe will be paid for it instead.

Holidays for Private-Sector Employees

For those working in the private sector, paid holidays are a bit more complex. No law requires private-sector employers to provide holidays to their employees. They’re under no obligation to close the business, give the day off, or provide premium pay. Even the federal Fair Labor Standards Act (FLSA), which sets minimum wage and overtime rules, has no holiday pay requirement.

While not required, many private-sector employers do offer holidays to their employees. Providing a holiday schedule can boost employee morale, increase retention rates, and help the employer remain competitive in the job market. If a private-sector employer voluntarily offers holidays, the schedule is usually found in the employment offer letter or in the employee handbook. An employer is legally bound to provide holidays if this is a term in the employment contract or collective bargaining agreement.

Holiday Pay and Overtime Law

Under the FLSA, Georgia employers must provide overtime pay to nonexempt employees who work more than 40 hours in a workweek. The overtime pay rate is one-and-a-half times the employee’s regular rate of pay for each hour worked over 40. If an employee receives a paid day off for a holiday, those hours won’t count toward the overtime calculation.

Here’s an example. If you work 40 hours in a week and receive eight hours of pay for a holiday, you’re not entitled to overtime. The holiday pay hours don’t qualify as actual work time.

Holiday Pay Issues

Private employers have no legal obligation to offer holidays to their employees. If they do, they must do so lawfully. Key issues that can arise when a private employer promises holiday pay include wage issues and discrimination charges. Let’s see what these entail.

Wage Issues

Most wage violations by private employers in the holiday pay context involve failing to honor something agreed to in writing, leading to a breach-of-contract dispute. This may be in the form of the employee handbook, your offer letter, your employment contract, or a collective bargaining agreement. Regardless of whether a holiday pay law covers it, the employer is liable for failing to meet an obligation it agreed to.

Depending on the amount in dispute, your options for recovery include sending a demand letter, filing with small claims court, or filing in higher court for a breach-of-contract lawsuit. Union members disputing a violation of the collective bargaining agreement can follow union grievance procedures.

Discrimination

Under federal law, employers must apply their holiday policy in a non-discriminatory way. If your employer offers holiday pay to some employees but withholds it from others based on a legally protected characteristic (such as race, gender, age, etc.), that’s employment discrimination. Pursuing a discrimination claim begins with filing a charge with the Equal Employment Opportunity Commission (EEOC). The deadline to file is generally 180 days for Georgia workers. You can also contact the Georgia Department of Labor.

When You May Want To Talk to an Employment Lawyer

While some holiday pay disputes can be resolved by talking with your employer, others may require help from a lawyer. You may want to meet with a Georgia employment attorney if:

• The handbook, offer letter, or contract language is unclear about holiday pay, and your employer disputes it
• The amount at stake is over small claims court’s dollar limit
• The holiday-pay issue includes discrimination, retaliation, or a pattern affecting multiple employees, since this may indicate additional remedies (damages, attorney’s fees) beyond just the unpaid amount
• You’re unsure about your situation, and you’d like professional advice

If you feel like you’ve been denied promised holiday pay, consider speaking with a local employment law attorney. Depending on your employer and the written agreement, you may have a valid claim. A Georgia employment law attorney can provide the legal advice you need to protect your employment rights.