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Can My South Carolina Employer Make Me Work Holidays?

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments


American workers are putting in the hours, but employers aren't necessarily rewarding them enough. According to the Center for Economic and Policy Research, America is the only economically advanced country in which the government doesn't guarantee workers receive paid vacation time off. One in four U.S. workers in the private sector receive no paid time off at all. Workers in other countries, however, are generally provided what most Americans would consider a substantial number of days off.

Workers in France, the UK and Spain, receive more than 35 days of paid leave, reveals data from the Organization for Economic Co-operation and Development, compiled by Statista. South Korea and Chile are noted as giving their workers roughly 30 days off per year. Australia, Japan, Israel, and Canada give their workers between 19 and 28 paid days.

So, if you're wondering if your employer has to give you paid time off during the holidays, the short answer is no.

South Carolina Holiday Leave

South Carolina law doesn't require your employer to offer paid or unpaid leave. So, if you're on the schedule for every holiday throughout the year, your employer isn't breaking any laws. In addition, working on holidays doesn't automatically qualify you for added pay. A private employer doesn't have to offer holiday or overtime pay (1.5 times your normal salary) for you working the holiday unless you're working overtime hours under standard overtime laws. Any private employer that offers paid or unpaid holiday time off much comply with the employment contract or established policy.

The same is true for South Carolina State Holidays. The holidays recognized and observed by the state do not mandate that you receive paid or unpaid holiday leave.

Sick Leave In South Carolina

Just as with national and state holidays, sick leave in South Carolina is not required. If a private sector employer opts to provide sick leave benefits, it must comply with the employment contract or established policy. The only exception is when a South Carolina employer may be mandated to provide a worker with unpaid sick leave in agreement with the Family and Medical Leave Act or other federal laws.

Paid Vacation In South Carolina

Vacation leave laws in South Carolina follow holiday and sick leave. A private sector employer is not required to offer paid or unpaid vacation leave. If the employer does offer this benefit, it must comply with the employment contract or established policy.

Your employer has the right to produce a contract that denies you payment for accrued vacation leave if you ever choose to leave or are fired from the company.  Your employer is also legally able to limit the number of hours of paid leave you can accrue. In addition, the contract may specify you are ineligible for payment of accrued vacation paid leave if you do not meet certain requirements when departing from the company, such as being employed for a certain amount of time or giving a two-week notice.

If you feel your employer or employee is not holding to these regulations, contact a trusted Pawleys Island lawyer to review your case. Hopkins Law Firm specialized in employment litigation and can help you identify if obtaining a lawyer is in your best interest. 

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