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Employment Law/Holiday Pay rights for employees with disabilities


I am an hourly employee for a company which knows of my chronic Illness of Crohn's Disease, I provided a letter from doctor when a flare up had me miss days. I am eligible for Holiday Pay but my handbook doesn't clearly state stipulations on this pay regarding a known sickness or illness? My manager did not pay me for my New Years Holiday even though I tried to come and work the day before the Holiday.  I was sick the entire time I was at work that day, for an hour and a half until I ended up throwing up and then left for the day.  I tried to come into work even though I was sick but was unable complete my day.  Is there any laws in Texas that protect me on this issue?  I asked 2 HR directors above my manager and received vague answers.  I was told even if I provided a doctors note that I still would have not been eligible for Holiday Pay either? I don't think this is right at all, I work 110% each day and have not missed much work at all.  This is a giant corporation I work for and I would like to fight for what is right, is there something that protect me - shouldn't the handbook state something more? I would like to know, because I feel as if I am due this 8 hours pay as an employee who made an effort to work that day, i even have a camera at my desk which could show me and how sick I was that day?

Morallly they should have paid you since you made the effort to come in and work.

Legally if their policy says you have to work the day before the holiday and the day after to be paid they do not have to pay you.

Not right, but it is legal.



I would like to add although it will not help in this situation I would encourage you to sign up with HR for intermittant FMLA leave. This means you can take FMLA leave in segments of up to an hour or more for your chronic condition. This is not help with the holiday policy, however, it will make sure that you are not dinged for attendence because of your condition. They cannot give you a bad attendence rationg if you are on FMLA and with proof of condition you are allowed to take it in intermittence periods like you described to me.

 If your condition requires extra bathroom time or extra time to eat or rest than you can ask that this be a reasonable accomodation under the ADA (Americans with Disabilities Act).  If this is refused you can file a claim with the EEOC department of the Department of Labor. Also a reasonable accomodation could be a shorter work shedule. Read below.

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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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