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My employer requires two weeks notice to resign. I handed in my letter on Monday, April 8th, with an effective date of Friday, April 19th, which happens to fall on a stat holiday. HR is telling me I will not be paid for the statutory holiday (holiday established by law) and that my benefits will end on the 18th. She has asked me to change my letter and resubmit it. Can they do this?

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The can ask you to do whatever they want. You can politely decline. If you want your last day to be the 19th then that is your decision. If they want your last date to be a different date to avoid having to pay you then they can fire you. Since you are leaving the company regardless of what happens I would not worry about it and would definitely not change your resignation date.

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That is not two weeks. You're giving 11 days. If they require 2 weeks, then your effective end date would be 4/22. Their position seems reasonable to me. You should not expect to be paid for quitting with less than 2 weeks notice on a day you'd get the day off anyway.

  • Good catch, but you could state more clearly that they would have to pay if she stays the whole notice period. – Chris Apr 10 at 16:18
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    The effective date, if given on Monday 8/04 is Sunday 23/04, that's SOD to EOD, so 2 weeks. Requiring him to work on the Monday is not correct, that's one day after the effective end. – Matthieu Brucher Apr 10 at 16:20
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    Is the "working week" 5 days or 7 days? 2 weeks of a 5 day working week is 10 days... – Solar Mike Apr 10 at 16:39
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    Is a weekend EVER included in the workweek? If the intent was to quit and be done on that Thursday...why not say effective last date was the Sunday? – Keith Apr 10 at 16:57
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    Agreed. The point is, weekends are included in the 2 weeks, imho. If the OP is suggesting that it isn't, I'm not sure how he thinks a state holiday would be. – Keith Apr 10 at 18:58
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No.

They cannot force you and they want to get around paying you for the holiday. If your last day is effectively a holiday, they have to pay.

If you are having a special agreement for quitting earlier, then you should adjust the leave date not the submission date.


I'm assuming you would normally be paid for holidays and I don't know any country where you would be paid differently during your notice period compared to before.

As we do not know the country, but people ask for sources. Here is an example of paid holidays in Germany

https://www.dgb.de/gesetzliche-feiertage-deutschland-2019-2020

It says the employer has to pay the employee for working hours which fall onto a holiday.

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    Do you have a source for this? Do you know the local laws where the OP is located? Where I live, even government employees are only warranted holiday pay if they work both the day before and after the holiday. – David K Apr 10 at 16:21
  • @DavidK I do not know any country where you are paid differently during your notice period compared to before that. I cannot come up with a source for it's non-existence, as long as I don't know at least the country. – Chris Apr 10 at 16:24
  • @DavidK Also why would they ask to change the date, if they do not have to pay anyway? – Chris Apr 10 at 16:38
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    A source that backs up the claim that a company must pay holiday pay would greatly improve this answer. – IDrinkandIKnowThings Apr 10 at 16:39
  • @IDrinkandIKnowThings You do not see how ridiculous it is to ask for a source, before the OP answered at least which country it is? How should I prove non-existence? The question sounds to me that she normally would be paid. – Chris Apr 10 at 16:43
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If you last day falls on a holiday and the company pays its employees for this holiday, then they must pay you by law. If they do not want to pay you, then they will need to fire you sooner. That is why they want YOU to change YOUR last day on YOUR resignation letter.

This is fact as I had to sue my employer for back pay regarding exact same scenario. And won. Cheap bastards is what your employer is.

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    "they must pay you by law" - Law in which country? Do you know what country the OP is located in? – David K Apr 10 at 16:42
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    If you last day falls on a holiday. Then they must pay you by law. Could you provide a source to back up this claim please. – IDrinkandIKnowThings Apr 10 at 16:43
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    @IDrinkandIKnowThings As stated. I sued, and won, same scenario. United States. State laws will likely vary. – paulj Apr 10 at 17:01
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    @paulj "State laws will likely vary." ... and so what state are you in? – David K Apr 10 at 17:26
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    @IDrinkandIKnowThings So far, the only thing I've found for the United States that's relevant are government web sites stating that you can sue your employer if they don't abide by their own policies. For example: lni.wa.gov/WorkplaceRights/LeaveBenefits/VacaySick/default.asp. So it seems it's against the law in that the employer is breaking their legal agreement with their employee, not that there's an explicit law against this. – BSMP Apr 10 at 19:04

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