Pennsylvania Legal Holidays and Holiday Pay Laws

All workers look forward to having holidays off, but should they expect them? Private employers are not required to give employees time off for legal holidays under either federal law or Pennsylvania law. Knowing more about legal holidays in Pennsylvania can help you understand which ones you may or may not be getting off.

Legal holidays are the days officially recognized by state and federal governments for purposes such as administrative operations, calculating certain legal deadlines, and court schedules. Most government offices are closed, and public employees typically receive a paid day off.

In general, private employers aren’t required to provide paid holidays, holiday leave, or premium pay for employees who work on a legal holiday. Most choose to voluntarily recognize legal holidays by closing for the day, providing a paid day off, or paying a premium holiday pay rate for employees who work. There are numerous reasons they do so, such as enticing employees.

This article explores the legal holidays in Pennsylvania. It also examines key federal and state leave laws that may impact Pennsylvania employees.

Pennsylvania Legal Holidays

Pennsylvania’s regular legal holidays and observances are determined by statute:

• New Year’s Day: First day of January
• Dr. Martin Luther King, Jr. Day: Third Monday of January
• Presidents’ Day: Third Monday of February
• Good Friday: Friday before Easter Sunday
• Memorial Day: Last Monday in May
• Flag Day: Fourteenth day of June
• Juneteenth: Nineteenth of June
• Independence Day: Fourth of July
• Labor Day: First Monday of September
• Columbus Day: Second Monday in October
• Election Day: First Tuesday after the first Monday of November
• Veterans’ Day: Eleventh day of November
• Thanksgiving Day: Fourth Thursday in November
• Christmas Day: Twenty-fifth day of December

Employers can deem other days paid holidays as well.

Holiday Leave for Private-Sector Employees

Pennsylvania employers in the private sector are not required by law to provide paid or unpaid holiday leave to their employees. They must provide holiday leave if the benefit is promised in:

• the employee handbook or written policy
• an employment contract
• a collective bargaining agreement

If an employer does provide paid holiday leave, these hours do not count toward the overtime pay calculation for nonexempt employees. Under both the federal Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act (PMWA), overtime is generally calculated based on hours actually worked in a workweek. For example, an employee who receives 48 hours of pay in a workweek, consisting of eight hours of paid holiday leave plus 40 hours of work, isn’t entitled to overtime pay unless the employer’s policy or a collective bargaining agreement requires it.

Other Key Employment Leave Laws

State law provides protections for certain types of leave, but most employee leave rights are governed by federal law, employer policies, and collective bargaining agreements. Let’s examine some additional types of employment leave and how they relate to Pennsylvania employees.

Vacation Leave

Pennsylvania labor laws don’t require employers to provide vacation time to employees. If an employer promises paid vacation leave through an employment contract, collective bargaining agreement, or established policy, accrued (earned but unused) vacation pay may be considered “wages” under the Pennsylvania Wage Payment and Collection Law (WPCL). In this case, the WPCL requires employers to pay employees their accrued vacation time as wages in accordance with the terms of the promised benefit.

Sick Leave

Unlike some states, Pennsylvania does not require private employers to provide a minimum amount of paid sick leave or mandate that employees accrue sick time. An employee may have sick leave rights under:

• An employer’s policy, an employment contract, or a collective bargaining agreement
• Local ordinances, such as those in Philadelphia and Pittsburgh
• Federal law (such as unpaid, protected leave for a serious health condition under the Family and Medical Leave Act and leave as a reasonable accommodation under the Americans with Disabilities Act)
• Other applicable employment laws

If you’re unsure, reach out to an employment law attorney.

Family and Medical Leave

For eligible Pennsylvania employees working for covered employers, the federal Family and Medical Leave Act (FMLA) is the primary source of family and medical leave protections. Pennsylvania does not have a statewide law requiring paid family and medical leave or expanding the rights under the FMLA.

The FMLA entitles eligible employees to take up to 12 weeks of job-protected, unpaid leave in a 12-month period for qualifying reasons. These may include the birth or adoption of a child, a serious health condition, or caring for certain family members (spouse, child, or parent) with a serious health condition. The FMLA also provides up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.

Military Leave

Military leave protections for Pennsylvanians primarily come from federal law. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides job protection, reemployment rights, and anti-discrimination protections for members of the uniformed services. USERRA applies to all employers, regardless of size. Pennsylvania doesn’t impose a general paid military leave requirement on private employers, but it provides additional protections for certain categories of employees, such as Pennsylvania National Guard members and some public employees.

Bereavement Leave

Private employers are not required to provide bereavement leave under federal or state law. Bereavement leave may be available under an employer’s policy, an employment contract, or a collective bargaining agreement.

Jury Duty

In general, Pennsylvania law entitles employees to job-protected leave for jury service. The protection does not apply to employees of any employer in a retail or service industry with 15 or fewer employees, or any employer in any manufacturing industry with fewer than 40 employees. While state law doesn’t require private employers to pay employees for their time spent on jury duty, it prohibits covered employers from retaliating against employees who serve on one.

Get Help From a Pennsylvania Labor Law Attorney

Your rights as a Pennsylvania employee are important. Pennsylvania employers must follow the law. Holiday and other leave laws can be complex. Meeting with a lawyer can help you understand your employment rights and how to protect them. Visit our attorney directory to find a lawyer near you who can help.