Provided by:  Jennifer Kirschenbaum, Esq.

September 22, 2022


Hi Jennifer,

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?

Dr. C.


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.