Private companies do not have to give federal holidays off. There is no federal law requiring a private employer to close on Thanksgiving, Christmas, the Fourth of July, or any other federal holiday, and no federal law requiring extra pay when you work one. The Fair Labor Standards Act, the main federal wage law, simply does not address holidays. Whether you get the day off, and whether you get paid for it, comes down to your employer’s own policy, your employment contract, or a union agreement.
Federal employees are a separate case. Under 5 U.S.C. 6103, workers in the federal government receive 11 designated paid holidays.1U.S. Office of Personnel Management. Fact Sheet: Federal Holidays – Work Schedules and Pay That statute applies to the federal workforce. It does not reach into the private sector.
Why the FLSA Doesn’t Help You Here
The FLSA covers minimum wage, overtime, recordkeeping, and child labor. It says nothing about holidays. The Department of Labor spells this out: the FLSA does not require “vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations; premium pay for weekend or holiday work.”2U.S. Department of Labor. Handy Reference Guide to the Fair Labor Standards Act Holiday benefits, the DOL adds, “are generally a matter of agreement between an employer and an employee (or the employee’s representative).”3U.S. Department of Labor. Holiday Pay
So when your employer decides the store stays open on Memorial Day and puts you on the schedule, federal law has nothing to say about it.
The 11 Federal Holidays
These are the holidays federal law recognizes for government employees. Many private employers use the same list voluntarily, but they can observe some, all, or none.4Office of the Law Revision Counsel. 5 US Code 6103 – Holidays
- 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
When Your Employer Actually Has to Give You the Day Off
Federal law won’t get you the day, but three other sources can.
An Employment Contract
If your signed employment agreement lists specific holidays as paid time off, that’s a binding contract term. An employer who ignores it has breached the contract. This shows up most often in executive and professional agreements where benefits are negotiated individually.
An Employee Handbook
Handbooks are trickier. Many carry disclaimers saying they aren’t contracts. Even so, courts in a number of jurisdictions have found that a clear, specific promise of paid holidays in a handbook can create an enforceable obligation despite that disclaimer. The more definite the language, the stronger your argument that the employer has to honor it.
A Union Contract
Collective bargaining agreements usually spell out holiday rules in detail: which days are recognized, who qualifies for holiday pay, and what premium applies for working the day. Those provisions are legally enforceable, and violations run through the grievance process.
Holiday Pay Rules
There is no federal time-and-a-half rule for holiday work. The DOL confirms the FLSA does not require “premium pay for weekend or holiday work.”2U.S. Department of Labor. Handy Reference Guide to the Fair Labor Standards Act If your employer pays extra for a Christmas shift, that’s a policy choice, not a legal requirement.
Two federal pay rules can still matter on a holiday.
First, overtime. Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked beyond 40 in a workweek.5U.S. Department of Labor. Fact Sheet 14: Coverage Under the Fair Labor Standards Act (FLSA) If a holiday shift pushes your total past 40 hours, the overtime applies to those excess hours. The premium comes from crossing 40, not from the day being a holiday.
Second, the salary basis rule for exempt employees. If you’re salaried exempt and your company closes for a holiday, your employer cannot dock your pay. Under 29 CFR 541.602, deductions are prohibited “for absences occasioned by the employer or the operating requirements of the business.” A holiday closure is the employer’s decision. If you were ready and willing to work but the office was shut, you get your full salary. An employer who deducts pay from an exempt employee for a holiday closure risks losing the overtime exemption for that employee entirely.6eCFR. 29 CFR 541.602 – Salary Basis
Religious Holidays Are Different
Even if your employer doesn’t observe a particular holiday, Title VII of the Civil Rights Act gives you a right to request time off for religious observance. Employers must provide reasonable accommodations for sincerely held religious beliefs unless doing so creates an undue hardship.7U.S. Equal Employment Opportunity Commission. Fact Sheet: Religious Accommodations in the Workplace
The Supreme Court raised the bar for employers in Groff v. DeJoy in 2023. The old rule let an employer deny an accommodation if it imposed anything “more than a de minimis cost.” The Court rejected that standard. An employer now has to show the accommodation would result in “substantial increased costs in relation to the conduct of its particular business.” Hypothetical problems and coworker complaints don’t clear that bar. The employer needs concrete evidence of a real burden.
You don’t need to file a formal written request. The EEOC says there are no “magic words.” You just have to let your employer know you have a religious conflict with a work schedule.7U.S. Equal Employment Opportunity Commission. Fact Sheet: Religious Accommodations in the Workplace From there, you and your employer work on a solution. Schedule swaps with willing coworkers, flexible scheduling, and use of vacation time are common outcomes. A flat refusal without exploring alternatives is legally risky after Groff.
If You Work on a Federal Contract
Federal contractor status is one place where mandatory holiday benefits do exist. Workers on federal service contracts covered by the Service Contract Act are often entitled to holiday fringe benefits set by the applicable wage determination. A full-time employee who works during the week of a named holiday is generally entitled to a full day’s pay (up to 8 hours) for that holiday, and an employee who works on the holiday itself must receive normal pay plus the holiday amount, or a substitute paid day off.8eCFR. 29 CFR 4.174 – Meeting Requirements for Holiday Fringe Benefits These rules apply only if you’re actually working on a covered federal contract. Most private-sector workers aren’t.
State Laws
A small number of states impose their own holiday-related requirements on private employers, most often on retail. Some require premium pay for holiday work in certain industries. Some restrict which businesses can open on specific holidays, and a few maintain “blue laws” that limit Sunday and holiday operations and sometimes require employee participation to be voluntary. These are exceptions, not the norm. Because they vary by state and by industry and change over time, your state labor department is the reliable place to check what applies where you work.
If You’re Scheduled and Don’t Want to Work
Start with the paperwork. Read your employment contract, employee handbook, and union agreement for any holiday provisions. If a document promises the day off, point your employer to the specific language.
If the request is religious, make it early and be clear about the religious basis. After Groff, your employer has to genuinely engage with a workable solution.
If none of those apply, you’re relying on goodwill. Ask about a schedule swap, offer to take a less popular shift in exchange, or just make the request. What you shouldn’t do is assume the day is guaranteed and skip the shift. Without a contractual right, a religious accommodation, or a state law that reaches your industry, an employer can discipline you for missing a scheduled holiday shift the same way it would for any other missed workday.