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If a social event is determined to be mandatory, payment obligations under the fair labor standards act (flsa) are triggered for certain employees If your employees are required to attend an event, even if it is offsite or during nonworking hours, you will be required to pay employees for their time. Typically, this clause stipulates that if an employee is absent on the working day directly preceding or following a public holiday, the employer may require a valid reason or medical certificate for the absence
Otherwise, the employee may not be entitled to receive pay for the public holiday. The policy should cover what happens if an employee works during a paid holiday, i.e., does the employee simply get double pay for that day, or can the employee have some other day off to make up for the missed holiday? Employers should consider holding the party outside work hours to avoid any confusion
Accidents happen, and that holds true for holiday parties also.
Data suggests they’re becoming less common anyway. Holiday parties scheduled during the regular workday should be compensated If the employer requires all employees to attend an event outside of regular working hours, then it may be considered work time, and employees should be compensated for attendance. The best leave of absence practices balance legal obligations with employee benefits
Employers who succeed in this endeavor often investigate what their jurisdiction requires, as well as what is typical in their particular industry. An employee who is not approved to be absent from duty on a workday scheduled on a holiday and who refuses to work on the holiday may be charged as being absent without leave (awol) and denied pay for that day (i.e., may not receive paid holiday time off).
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