Working on a federal holiday is not illegal for private sector employees, and no federal law prohibits employers from requiring private workers to show up on those days. Whether it is illegal to work on a federal holiday is one of the most commonly misunderstood questions in US employment law, and the answer differs sharply depending on whether you work for the federal government or a private employer.
Federal holidays are a legal designation that directly governs only federal government operations and federal employees. Private employers are largely free to set their own holiday policies.
This article breaks down the full legal picture for 2026: what federal holidays actually mean in law, how the rules differ for public versus private employees, what pay you’re owed when you do work, which states have their own requirements, and whether your employer can fire you for refusing.
Is It Illegal to Work on a Federal Holiday
Working on a federal holiday is not illegal for private sector employees, and employers in the private sector can legally require their employees to work on any of the 11 federal holidays without violating any federal law.
The common misconception is that “federal holiday” means no one works. That’s not how the law operates. Federal holidays, established under 5 U.S.C. 6103, are a designation that applies to federal government employees and the closure of federal offices, courts, and agencies. They are not a national mandate that private businesses must close.
A restaurant that stays open on Thanksgiving, a retail store open on Christmas, and a call center operating on Labor Day are all doing something completely legal. Their employees showing up for those shifts is equally legal.
Quick Facts:
- Federal statute governing federal holidays: 5 U.S.C. 6103
- Who federal holidays legally bind: federal government employees and agencies
- Does private sector have to follow: No; no federal law requires private employers to give holidays off
- Is holiday pay required by federal law: No; the FLSA does not require holiday pay
- State laws may differ: Several states have their own holiday pay or time-off requirements
- Collective bargaining agreements: May independently require holiday time off or premium pay
The key distinction is between a government operational calendar and a universal labor right. Federal holidays are the former. Workers who assume they are the latter often discover their rights are quite different from what they expected.
Is It Legal to Work on a Federal Holiday
Working on a federal holiday is completely legal for both private and federal employees, though federal employees working on official holidays receive specific pay entitlements under a different statutory framework than private workers.
Private employers not only can legally require holiday work, they face no federal penalty for doing so. The Fair Labor Standards Act (FLSA), which governs most private sector wage and hour rules, does not list holidays as days that require special treatment. Requiring a private employee to work on July 4th, Thanksgiving, or Martin Luther King Jr. Day is no different legally from requiring them to work on a Tuesday in March.
For federal employees, working on a designated federal holiday is also legal and sometimes required for essential government functions. But federal law does provide those employees with specific compensation: either a day off in lieu of the holiday or premium pay for working the holiday itself.
Legal framework for working on federal holidays:
| Employee Type | Can Be Required to Work | Federal Law Reference | Additional Pay Required |
|---|---|---|---|
| Federal civilian employee | Yes; with compensation | 5 U.S.C. 6103, 5 U.S.C. 5546 | Yes; holiday premium pay or compensatory day |
| Private sector employee | Yes; no federal pay requirement | FLSA (no holiday provision) | No; unless state law or contract requires |
| Federal contractor | Depends on contract terms | FAR Part 22, contract provisions | Depends on contract |
| Union-represented employee | Yes; subject to CBA terms | NLRA; specific CBA provisions | Depends on CBA |
The legal framework makes private employer holiday requirements largely a matter of business policy, not law. What an employer chooses to pay and whether they give time off is governed by their own policy and any applicable employment contract or collective bargaining agreement.
What Is a Federal Holiday Legally
A federal holiday is a day designated by Congress under 5 U.S.C. 6103 on which federal government offices close, federal employees receive paid time off, and federal courts and agencies do not conduct official business.
The legal definition is narrower than most people realize. A federal holiday is a designation for the federal government’s own operational calendar. It is not a declaration that all American businesses must close or that all American workers must have the day off. Congress has never passed a law requiring private employers to observe federal holidays.
The designation creates specific legal obligations only within the federal employment system. The Office of Personnel Management (OPM) administers the federal holiday calendar and issues guidance on how federal agencies should handle holiday scheduling, including what happens when a holiday falls on a weekend.
11 federal holidays established under 5 U.S.C. 6103:
- New Year’s Day: January 1
- Martin Luther King Jr. Day: Third Monday in January
- Washington’s Birthday (Presidents’ Day): 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
When a federal holiday falls on Saturday, federal employees observe it on the preceding Friday. When it falls on Sunday, they observe it on the following Monday. This “in lieu” day rule comes from 5 U.S.C. 6103(b) and applies only to federal employees.
Key Takeaway: Federal holidays are a designation for the federal government’s operational calendar, not a universal mandate for all American employers, and no federal law requires private employers to give employees these days off or pay them extra for working.
Federal Holidays List 2026
The 11 federal holidays in 2026 are established by Congress under 5 U.S.C. 6103, and on those dates federal offices close, federal employees receive paid leave, and “in lieu” days are observed when a holiday falls on a weekend.
Understanding the 2026 holiday calendar matters for both employees and employers. Federal employees need to know their specific days off and the in-lieu rules. Private employers need to know the calendar to manage staffing expectations and communicate clearly with employees about company holiday policies.
Federal holidays calendar for 2026:
| Holiday | Date in 2026 | Day of Week | Federal Observation |
|---|---|---|---|
| New Year’s Day | January 1, 2026 | Thursday | January 1 |
| Martin Luther King Jr. Day | January 19, 2026 | Monday | January 19 |
| Washington’s Birthday | February 16, 2026 | Monday | February 16 |
| Memorial Day | May 25, 2026 | Monday | May 25 |
| Juneteenth | June 19, 2026 | Friday | June 19 |
| Independence Day | July 4, 2026 | Saturday | July 3 (preceding Friday) |
| Labor Day | September 7, 2026 | Monday | September 7 |
| Columbus Day | October 12, 2026 | Monday | October 12 |
| Veterans Day | November 11, 2026 | Wednesday | November 11 |
| Thanksgiving Day | November 26, 2026 | Thursday | November 26 |
| Christmas Day | December 25, 2026 | Friday | December 25 |
Note: Independence Day falls on a Saturday in 2026, so federal employees observe Friday, July 3 as the legal holiday. Private employers are free to observe whichever day their policy specifies or no holiday at all.
Do Private Employees Have to Work on Federal Holidays
Private employees do not have a federal legal right to take federal holidays off, and private employers can legally require them to work on any or all of those days without violating any federal employment law.
This is the point that most surprises working Americans. The federal holiday calendar feels like a national standard, but legally it applies only to the federal government’s own operations. The FLSA, which sets the baseline rules for private sector wages and hours, contains no provision requiring employers to observe holidays or grant paid time off on those days.
Private employees’ holiday rights come from three possible sources: state law (in a small number of states that have enacted holiday requirements), their employment contract or offer letter (which may promise holiday time off or pay), and any applicable collective bargaining agreement. In the absence of all three, private employees work at the employer’s direction on any day of the year.
Sources of private employee holiday rights:
- State holiday pay laws (Massachusetts, Rhode Island, and a few others)
- Written employment contract specifying holiday time off or pay
- Employee handbook provisions that may create contractual obligations
- Collective bargaining agreement provisions
- Company policy that has been consistently applied and may be contractually binding
The “consistently applied policy” point matters. An employer who has given employees paid holidays for years and then suddenly requires work on those days may face breach of contract claims if the holiday policy was communicated in writing and employees reasonably relied on it.
Can Your Employer Make You Work on a Federal Holiday
Yes, your employer can legally require you to work on a federal holiday if you work in the private sector, and refusing to work a scheduled shift on a federal holiday can result in disciplinary action including termination in most states.
At-will employment, which governs most private sector employment in the US, allows employers to set work schedules including on federal holidays. An employee who refuses to work a scheduled shift on a federal holiday is generally not exercising any legal right and can face the same consequences as refusing to work any other scheduled shift.
The exceptions are narrow. An employee whose employment contract, offer letter, or union agreement specifically grants the holiday off has a contractual right to take it. An employee in a state with mandatory holiday laws may have a statutory right. And an employee who is refusing to work for reasons protected by other federal law (FMLA, religious accommodation under Title VII) has separate protections unrelated to the holiday status of the day.
Scenarios where holiday work refusal is legally protected:
- Written employment contract guarantees the holiday off: breach of contract if employer overrides
- Union CBA gives the employee the holiday off: grievance and arbitration remedies available
- Employee needs the day for religious observance: Title VII reasonable accommodation applies
- Employee is on approved FMLA leave: employer cannot require work during protected leave
- State law requires the day off: employer violates state statute by requiring work
Outside these exceptions, private employees who refuse holiday work have no more legal protection than they would for refusing any other scheduled shift.
Can You Be Fired for Refusing to Work on a Federal Holiday
Yes, you can be fired for refusing to work on a federal holiday if you are a private sector at-will employee without a contract, union agreement, or specific legal protection covering that day.
At-will employment means the employer can terminate employment for any reason that isn’t specifically prohibited by law. There is no federal law that makes firing an employee for refusing holiday work illegal. The at-will doctrine gives employers broad discretion over scheduling and consequences for schedule violations.
The firing would be illegal only if it fell into a protected category. Firing an employee because they are taking an approved FMLA day that happens to be a federal holiday is retaliation for FMLA use. Firing an employee who requested a religious accommodation for the holiday and was denied could constitute religious discrimination under Title VII. But firing someone who simply said no to a holiday shift without a specific legal protection in place is generally lawful.
When termination for holiday refusal is and isn’t protected:
| Situation | Termination Legal | Basis |
|---|---|---|
| At-will employee refuses holiday work, no contract | Legal | At-will employment doctrine |
| Employee has written contract granting holiday off | Likely illegal | Breach of contract; termination may be wrongful |
| Union employee CBA grants holiday off | Illegal; union remedy applies | NLRA; CBA enforcement |
| Employee refused for FMLA-protected reason | Illegal | FMLA retaliation |
| Employee sought religious accommodation, denied | Potentially illegal | Title VII religious discrimination |
| Employee in state with mandatory holiday off law | Illegal | State wage and hour violation |
Documenting any contract language, union agreement, or religious accommodation request before a holiday dispute arises is the most important protective step an employee can take.
Key Takeaway: Private sector employees can be fired for refusing to work on a federal holiday unless they have a specific contractual, statutory, or anti-discrimination protection that covers that refusal, because at-will employment gives employers broad scheduling authority.
Do Federal Employees Have to Work on Federal Holidays
Federal employees are generally not required to work on designated federal holidays, but certain essential government functions require some federal workers to work on those days, with specific compensation rights attached.
5 U.S.C. 6103 establishes federal holidays as legal days off for federal civilian employees. Federal agencies close on those days, and employees on a standard schedule receive paid leave automatically. They do not need to request the day off or use their own leave balance.
Essential government services require some federal employees to work on holidays. Federal law enforcement officers, military personnel, essential healthcare staff at VA facilities, air traffic controllers, and others in critical functions work holiday schedules. Those employees are entitled to holiday premium pay under 5 U.S.C. 5546, which provides for pay at one and a half times their regular rate for hours worked on the holiday.
Federal employee holiday compensation framework:
| Situation | Entitlement | Statutory Basis |
|---|---|---|
| Regular federal employee; holiday falls on work day | Paid day off; no work required | 5 U.S.C. 6103 |
| Federal employee required to work on holiday | Holiday premium pay (1.5x) or compensatory day off | 5 U.S.C. 5546 |
| Federal employee; holiday falls on non-work day | In-lieu day on nearest workday | 5 U.S.C. 6103(b) |
| Part-time federal employee | Proportional holiday leave | OPM guidance |
| Federal contractor employee | Depends on contract terms | FAR Part 22 |
The OPM issues annual guidance on federal holiday scheduling and publishes the official leave calendar for federal agencies. Federal employees should consult their agency’s human resources office for specific questions about their holiday entitlements.
Federal Holiday Pay Requirements for Employers
No federal law requires private employers to pay employees any specific amount for working on a federal holiday, and there is no federal premium pay mandate that applies to the private sector for holiday work.
The FLSA’s overtime provision (29 U.S.C. 207) requires time-and-a-half pay for hours worked over 40 in a workweek, but working on a holiday does not automatically trigger overtime unless the employee already worked 40 or more hours in that same week. The holiday itself does not add any special pay requirement.
Private employers who voluntarily offer holiday pay, time-and-a-half for holiday work, or floating holiday benefits do so as a matter of company policy or contractual obligation, not legal mandate. Many employers offer premium pay on major holidays as a recruitment and retention tool, but they are not legally required to do so under federal law.
What federal law does and does not require for private holiday pay:
- Does not require holiday pay for private employees: FLSA has no holiday pay provision
- Does not require time-and-a-half for holiday work specifically: premium pay is not federally mandated
- Does require overtime for hours over 40 in a workweek: 29 U.S.C. 207
- Does require payment at regular rate for all hours actually worked: 29 U.S.C. 206
- Does not require paid time off for private employees who don’t work the holiday: no federal PTO mandate
An employer who promises holiday pay in writing, whether in an offer letter, employment contract, or employee handbook, can face breach of contract claims if they fail to honor that promise. Written promises create legal obligations even without a statutory requirement.
Are Employers Required to Pay Extra for Federal Holiday Work
Private employers are not required by federal law to pay extra for federal holiday work, but a small number of states have enacted their own premium pay requirements for certain holidays or types of businesses.
This is one of the most frequent workplace misconceptions. The belief that working a holiday entitles an employee to time-and-a-half is widespread, but it has no basis in federal employment law. The FLSA is silent on holiday premium pay. The Bureau of Labor Statistics has consistently reported that holiday premium pay in the private sector is a benefit offered by some employers, not a legal entitlement.
The states that do require premium pay for certain holiday work represent significant exceptions to the general rule. Employees in those states have enforceable legal rights to premium pay that employees in non-mandating states do not.
States with notable premium pay requirements for holiday work:
| State | Holiday Pay Rule | Statute Reference | Applies To |
|---|---|---|---|
| Massachusetts | Time-and-a-half for certain holidays | MGL Ch. 136 | Retail workers on specific holidays |
| Rhode Island | Time-and-a-half for Sunday and holidays | RIGL 25-3-3 | Retail and certain other workers |
| Maine | Premium pay for Sunday work | MRSA Title 26 Sec. 664 | Retail establishments |
| New York | No state mandate; NYC has some rules | NYC Admin Code provisions | Limited; sector-specific |
| California | No general holiday premium; some industries | Cal. Labor Code provisions | Industry-specific CBA context |
Massachusetts’ requirements are among the most well-known. Retail employees working on certain holidays including Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, and Thanksgiving are entitled to time-and-a-half under Massachusetts General Laws Chapter 136, with the employer needing a permit to operate on those days.
Federal Holiday Work and Overtime Pay
Working on a federal holiday can trigger overtime pay requirements under the FLSA, but only if the holiday hours push the employee’s total workweek hours above 40, not simply because the day is a holiday.
This is a point of confusion for many employees who work long weeks around holidays. If an employee works 32 hours in a week and then works 8 hours on a federal holiday, their total is 40 hours. No FLSA overtime applies. If they work 36 hours before the holiday and then work 8 hours on the holiday, their total is 44 hours, and the 4 hours over 40 are subject to time-and-a-half overtime under 29 U.S.C. 207.
The holiday itself does not add an overtime layer. The FLSA calculation is purely arithmetic: total hours worked in the workweek versus the 40-hour threshold. The calendar significance of the day has no legal weight in that calculation.
Overtime calculation examples for holiday workweeks:
| Hours Worked Before Holiday | Holiday Hours Worked | Total Hours | Overtime Hours | FLSA Premium Pay Due |
|---|---|---|---|---|
| 32 hours | 8 hours | 40 hours | 0 | No |
| 36 hours | 8 hours | 44 hours | 4 hours | Yes; 4 hours at 1.5x |
| 40 hours | 8 hours | 48 hours | 8 hours | Yes; 8 hours at 1.5x |
| 24 hours | 8 hours | 32 hours | 0 | No |
Salaried exempt employees under the FLSA’s executive, administrative, and professional exemptions are not entitled to overtime regardless of how many hours they work in any week, including holiday weeks. Their salary covers all hours worked.
State Laws on Working Federal Holidays
State laws on working federal holidays vary significantly, with some states imposing mandatory time-off requirements, premium pay obligations, or permit requirements for businesses that operate on certain holidays.
The state law angle is where private employees’ holiday rights most often exist. While federal law leaves holiday policy entirely to employer discretion for private workers, some states have stepped in with their own requirements that protect employees in those jurisdictions.
The variation means that an employee in Massachusetts working in retail has legally enforceable holiday rights that their counterpart in Texas doing the same job does not. Understanding which state you work in and whether that state has any holiday-specific employment law is essential to knowing what you’re actually owed.
State holiday work rules: general framework by state:
- Massachusetts: most extensive private sector holiday law; retail premium pay and permit requirements
- Rhode Island: Sunday and holiday premium pay for retail and certain other workers
- Maine: Sunday premium pay that intersects with holiday scheduling for retail workers
- California: no general holiday premium law but some industry-specific rules apply
- Texas: no state holiday pay law; federal framework governs; employer policy controls
- New York: no statewide holiday pay mandate; NYC has some sector-specific provisions
- Illinois: no state holiday pay law; employer policy and CBA terms govern
- Florida: no state holiday pay law; employer discretion in private sector
Most states fall into the employer-discretion category. The Massachusetts model is genuinely unusual at the national level, which is why it gets cited so frequently in discussions about holiday pay rights.
Holiday Pay Laws by State
Holiday pay laws at the state level exist in only a small number of states, but those laws create real enforceable rights for employees in those jurisdictions that go well beyond what federal law provides.
Rhode Island’s holiday pay statute (RIGL 25-3-3) is one of the most robust in the country. Rhode Island requires that certain employees receive time-and-a-half pay for working on Sundays and holidays listed in the statute. Retail workers are the primary covered class, though the law has been modified over time.
Maine’s Sunday premium pay law (MRSA Title 26 Section 664) requires retail establishments to pay a premium for Sunday work, which intersects with holiday scheduling when holidays fall on or near weekends. Massachusetts General Laws Chapter 136 creates both permit requirements for businesses operating on certain holidays and premium pay obligations for employees who work those days.
State holiday pay law comparison:
| State | Covered Days | Premium Rate | Covered Employees | Statute |
|---|---|---|---|---|
| Massachusetts | Selected state and federal holidays | 1.5x regular rate | Retail workers primarily | MGL Ch. 136 |
| Rhode Island | Sundays and designated holidays | 1.5x regular rate | Retail and selected industries | RIGL 25-3-3 |
| Maine | Sundays (intersects with holidays) | 1.1x regular rate (transitional) | Retail establishments | MRSA Title 26 Sec. 664 |
| Other states | No state mandate | Not applicable | Not applicable | No specific statute |
States without specific holiday pay laws still govern holiday pay indirectly through their wage payment laws, which require employers to honor written pay policies and employment contracts. An employer in Texas who promises holiday pay in writing must deliver it or face a Texas Payday Law violation.
Which States Require Holiday Pay for Private Employees
Massachusetts, Rhode Island, and Maine are the primary states with laws requiring private employers to provide premium pay for holiday or Sunday work, and their requirements are among the strongest private sector holiday pay protections in the United States.
Massachusetts stands out as the most protective state for private sector holiday workers. The state requires retail businesses to obtain a permit from the state to operate on certain holidays including Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, and Thanksgiving. Employees who work on those permitted holiday days must receive time-and-a-half pay.
Rhode Island’s law applies to retail and certain other businesses and requires time-and-a-half for Sunday and holiday work. This law has been the subject of ongoing legislative discussion about whether to modify or phase it out, so Rhode Island workers should verify current law with the Rhode Island Department of Labor and Training.
Key requirements in states with mandatory holiday pay:
- Massachusetts: retail workers must receive 1.5x pay on major holidays; employer needs state permit to operate
- Rhode Island: retail and selected workers must receive 1.5x pay on Sundays and state holidays
- Maine: retail workers must receive premium pay for Sunday work; transitional rules have applied
Workers in other states who believe they may have state holiday pay rights should check with their state’s department of labor, as state laws are updated frequently and some sector-specific rules may apply even in states without general holiday pay mandates.
Key Takeaway: Only a small number of states require private employers to pay premium rates for holiday work, with Massachusetts, Rhode Island, and Maine having the strongest protections. Employees in all other states rely entirely on employer policy and any applicable employment contract.
Retail Workers and Federal Holiday Work Requirements
Retail workers have more holiday work protections than most private sector employees in certain states, particularly in Massachusetts where retail employers must obtain state permits to operate on major holidays and pay time-and-a-half to workers who do.
The retail sector gets special treatment in holiday employment law for historical reasons. Many US states once had “Blue Laws” that restricted commerce on Sundays and certain religious holidays. Most Blue Laws have been repealed, but remnants survive in states like Massachusetts and Rhode Island in the form of premium pay requirements and business permit rules.
For retail workers outside Massachusetts and Rhode Island, holiday work protections come from employer policy, employment contracts, and collective bargaining agreements rather than state law. Major retail chains often publish holiday pay policies in their employee handbooks, and those policies create enforceable contractual obligations even without a legal mandate.
Retail worker holiday rights by state:
| State | Special Retail Holiday Rules | What Workers Get | Enforcement Agency |
|---|---|---|---|
| Massachusetts | Permit required; premium pay mandated | 1.5x pay on designated holidays | MA Attorney General’s Office |
| Rhode Island | Sunday and holiday premium required | 1.5x pay on covered days | RI Dept. of Labor and Training |
| Maine | Sunday premium pay | Transitional premium rate | Maine Dept. of Labor |
| All other states | Employer policy governs | Depends on company policy or CBA | State wage and hour agencies |
Retail workers who believe they are owed premium pay under state law and have not received it can file wage claims with their state’s department of labor. Wage claims can recover unpaid back wages plus penalties in many states.
Collective Bargaining Agreement Federal Holiday Work
Collective bargaining agreements (CBAs) are one of the most common sources of enforceable holiday work rights for private sector employees, and CBA provisions often provide significantly stronger holiday protections than state or federal law requires.
A CBA is a contract negotiated between a union and an employer that governs wages, hours, and working conditions for covered employees. Holiday provisions in CBAs typically specify which holidays employees have off, what premium pay applies when they work holidays, how holiday work is assigned (seniority, volunteer, mandatory rotation), and what happens when a holiday falls on a non-work day.
These provisions are legally enforceable under the National Labor Relations Act. An employer who violates CBA holiday provisions commits an unfair labor practice and faces grievance and arbitration procedures under the agreement, as well as potential NLRA enforcement by the National Labor Relations Board.
Common CBA holiday provisions:
- List of recognized holidays (often more than the 11 federal holidays)
- Premium pay rate for holiday work (commonly time-and-a-half or double time)
- Assignment rules for holiday work (seniority, rotation, voluntary first)
- Alternative day off provisions when holiday falls on non-work day
- Minimum guaranteed hours for employees who work a holiday
- Float or personal holiday provisions for employees required to work designated holidays
Industries with strong union representation, including healthcare, manufacturing, transportation, and some retail sectors, commonly have CBA holiday provisions that far exceed what any state or federal law requires. Employees in those industries should know their CBA’s holiday section well before any dispute arises.
Frequently Asked Questions
Is it illegal for a private employer to require holiday work?
No, it is not illegal for a private employer to require employees to work on federal holidays.
Federal holiday designations apply to federal government operations, not to private businesses.
The FLSA contains no provision requiring private employers to observe federal holidays or give employees those days off.
Exceptions exist where state law, a written employment contract, or a collective bargaining agreement specifically grants the holiday off.
Do private employees get paid extra for working on federal holidays?
No federal law requires private employers to pay extra for holiday work.
Premium pay for federal holiday work in the private sector is a benefit offered by some employers as a matter of policy, not a legal mandate.
Massachusetts, Rhode Island, and Maine are exceptions that require premium pay for certain holiday work under state law.
If an employer has promised holiday pay in writing, they must honor that promise regardless of any federal law requirement.
What happens if a federal employee works on a federal holiday?
Federal employees who work on designated federal holidays are entitled to holiday premium pay under 5 U.S.C. 5546, which provides pay at one and a half times their regular rate.
Alternatively, federal agencies may provide compensatory time off instead of premium pay in some circumstances.
Essential functions like federal law enforcement, VA healthcare, and air traffic control require some federal workers to work on holidays.
The OPM publishes annual guidance on how federal agencies handle holiday scheduling and compensation.
Can I be fired for refusing to work on a federal holiday?
Yes, you can be fired for refusing to work on a federal holiday if you are an at-will private sector employee without a contract, union agreement, or specific legal protection covering that day.
At-will employment gives employers broad authority to set work schedules including on federal holidays.
Exceptions apply if you have a written contract granting the holiday off, a CBA protecting you, an FMLA-protected reason for absence, or a religious accommodation request under Title VII.
Documenting any contractual or statutory protection before refusing holiday work is the safest approach.
Which states require employers to pay extra for holiday work?
Massachusetts, Rhode Island, and Maine are the primary states that require premium pay for certain holiday or Sunday work by private sector employees.
Massachusetts requires retail businesses to pay time-and-a-half to employees working on specific major holidays, and employers must obtain a state permit to operate on those days.
Rhode Island requires time-and-a-half for retail and certain other workers on Sundays and designated holidays.
All other states leave holiday pay entirely to employer discretion unless a written employment contract or collective bargaining agreement provides otherwise.
Federal holiday law is one of those areas where the gap between what people believe and what the law actually says is enormous. Most Americans assume federal holidays give everyone a legal right to time off. The reality for private sector workers is almost the opposite.
Bookmark this article for the next time a holiday schedule comes up at work, and share it with coworkers who wonder whether they have any legal ground to stand on. Knowing where your actual rights come from, whether that’s a contract, a union agreement, or state law, is the only way to protect them.
