Provided by: Jennifer Kirschenbaum, Esq.
September 22, 2022
Our practice has a 90 day probationary period for all new employees. Do I legally have to pay the employee for a paid holiday if they have not fulfilled the 90 day probational period?
Good question, and best handled by Kieran Bastible, Esq. in K&K's employment department.
From Kieran -
Unfortunately, yes. Exempt employees (those who receive an annual salary as opposed to an hourly rate) are paid for holidays when the practice is closed but it is a regularly scheduled day otherwise. If you do not pay an exempt employee (salaried), you will risk the "exempt" status, triggering overtime requirements, etc., which can be very messy.