QUESTION

Can federal holidays be part of vacation benefits?

Asked on Jul 31st, 2015 on Employment Contracts - New York
More details to this question:
I recently signed a contract with my employer. Originally he gave me 15 days of vacation but right before I signed the contract, he stated that within the 15 days of vacation, 7 days are national holidays (Independence day, memorial day, Thanksgiving, Christmas, etc.) Is this legal?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I'm not sure if I understand your question. If you're asking whether an employment contract which provides that the employee will get 15 days of vacation, including 7 national holidays, would be enforceable I see  no reason why not.  However, that doesn't mean that you have to agree to it. If you're asking whether a contract providing that an employee will get 15 days of vacation, saying nothing about national holidays, will be construed to mean 15 days of vacation including national holidays, that would depend on the individual facts of each case.  For example, if the employee had been working at the same place for 10 years and that had always been the vacation policy, I'd say yes.  In general, however, I think it likely that a Court would take a contract like that to mean 15 days of vacation not including national holidays.
Answered on Jul 31st, 2015 at 12:14 PM

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