Handful of Holiday Tips

By: Elsa Ramos

Legal Counsel to Commissioner Joe Esparza

The holiday season is upon us. While fun and festive, this is also the time for employers to encounter some unique workplace issues. Below is a handful of questions that often arise during this time of year. 

1. Paid Holidays – No federal or Texas law requires employers to provide any paid holidays to employees. Paying employees for holidays is a matter of policy for each employer, which means that employers are free to make all decisions about this issue. Learn more: https://efte.twc.texas.gov/holiday_policies.html

2. Requests for time off –There is no general law that requires employers to grant employee requests for time off. Granting or denying these requests is usually a matter of employer policy. However, depending on the reason for the request, certain legal protections may apply. Around the holidays, religious considerations are common.  For employers with at least 15 employees, the law requires that they reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause an undue hardship to the business. Learn more: Religious Discrimination | U.S. Equal Employment Opportunity Commission

3. Seasonal employees – Some employers find themselves busier during the holiday months and hire temporary or seasonal workers to handle the extra workload. Employers should note that these seasonal employees, if they are performing the work of regular employees, are generally treated the same as regular employees for purposes of new hire paperwork and tax liability requirements. This means that in Texas, employers must satisfy all the usual new hire requirements and report wages to the Texas Workforce Commission and the Internal Revenue Service. 

4. Weather-related absences – Winter weather can be severe across Texas and may result in employees missing work because of it. An employer’s requirements regarding paying employees for these weather-related absences depend on the type of employee. For those paid hourly, employers are required to pay only for those hours worked. For salaried exempt employees, employers may deduct a full day’s absence from the employee’s pay if an employee chooses not to come in to work because of inclement weather on a day when the employer is open for business. Deductions from salaried exempt employees’ salaries are tricky, so a careful review of this topic is important.

5. Business closures – During this time of year, temporary business closures are common for a couple of reasons: 1) involuntarily due to a severe weather event or 2) voluntarily because the employer chooses to close its doors for a few days in observance of a holiday. Are employers responsible for paying their employees during this time? Again, the answer depends on the type of employee. Employers are required to pay their hourly employees only for time worked. If employees are not working because the business is closed, there is no requirement to pay for the days in question. As for salaried exempt employees who have worked any part of the week containing the closure dates, employers are required to pay them for the full week, including the days not worked. If a salaried exempt employee misses an entire workweek for any reason, the salary may be docked a week's worth of pay. As noted above, before making any deductions from salaried exempt employees’ salaries, a review of this topic is recommended.

For questions about these, or other employee-related topics, do not hesitate to call 1-800-832-9394, option 4, or email [email protected].