New York public holidays are set by General Construction Law Section 24, which lists roughly a dozen days the state officially recognizes. That list controls government closures, court schedules, and certain industry obligations, but it does not force private employers to close, give the day off, or pay a premium. Holiday pay in the private sector is voluntary unless the employer has promised it in writing.
The Official List of New York Public Holidays
Under General Construction Law Section 24, these are the days New York recognizes as public holidays:
- New Year’s Day — January 1
- Lincoln’s Birthday — February 12
- Washington’s Birthday — third Monday in February
- Memorial Day — last Monday in May
- Juneteenth — June 19
- Independence Day — July 4
- Labor Day — first Monday in September
- Columbus Day — second Monday in October
- Veterans Day — November 11
- Thanksgiving Day — fourth Thursday in November
- Christmas Day — December 25
- General Election Day — the Tuesday after the first Monday in November in even-numbered years, plus any special election day
- Flag Day — second Sunday in June, a half-holiday only
When any of these except Flag Day falls on a Sunday, the following Monday becomes the public holiday.1New York State Senate. New York General Construction Law 24 – Public Holidays Half-Holidays The governor and the president can proclaim additional days of thanksgiving or observance, though these rarely affect private employment.
Cities can add their own. New York City designated Juneteenth a paid city holiday for municipal workers in 2022, independent of the state’s statutory recognition.2NYC Mayor’s Office. Mayor Adams Designates Juneteenth a Paid New York City Holiday Local designations like this do not create rights for private-sector workers, but they often shape employer policies, particularly where union agreements track a government calendar.
Are Private Employers Required to Pay for Holidays?
No. Neither New York state law nor the federal Fair Labor Standards Act requires a private employer to close on a public holiday, give paid time off, or pay a premium for working one. The New York Department of Labor states directly that payment for time not actually worked, other than sick time, is not required unless the employer has established a policy granting such pay.3Department of Labor. Wages and Hours Frequently Asked Questions The U.S. Department of Labor confirms the same rule at the federal level.4U.S. Department of Labor. Holiday Pay
In practice, many employers offer holiday pay anyway, sometimes at time-and-a-half or double time, to fill shifts on days workers would rather have off. That is a business decision, not a legal requirement. What matters legally is what happens once the employer commits.
When a Promise of Holiday Pay Becomes Binding
Once an employer agrees to holiday pay in a handbook, offer letter, employment contract, or collective bargaining agreement, that promise is enforceable under New York Labor Law Section 198-c. The statute defines “benefits or wage supplements” to include holiday pay, and an employer that fails to pay a promised holiday benefit within thirty days of when it is due commits a misdemeanor. If the employer is a corporation, officers exercising functions like those of president, secretary, or treasurer can face personal criminal liability.5New York State Senate. New York Labor Law 198-C – Benefits or Wage Supplements
A worker owed promised holiday pay can file a wage claim with the New York Department of Labor or sue. One boundary: Section 198-c does not protect employees in executive, administrative, or professional positions earning more than $1,300 per week.
How Holiday Pay Interacts With Overtime
Two rules cause most of the confusion.
First, hours paid but not actually worked on a holiday do not count toward the 40-hour weekly overtime threshold under the FLSA. Overtime is owed only on hours actually worked over 40 in a workweek.6U.S. Department of Labor Wage and Hour Division. Fact Sheet #23 Overtime Pay Requirements of the FLSA Eight hours of Thanksgiving holiday pay does not push the rest of the week closer to overtime.
Second, when an employer pays a premium for holiday work, the premium does not have to be included in the regular rate for overtime calculations as long as it is at least one-and-a-half times the normal rate. The employer can also credit that holiday premium toward any overtime it owes for the same workweek. If the holiday premium is less than time-and-a-half, the extra compensation must be folded into the regular rate when calculating overtime.7eCFR. 29 CFR Part 778 Subpart C – Payments That May Be Excluded From the Regular Rate
Paid Time Off to Vote on Election Day
Election Day is on the state’s holiday list, and it carries a real, enforceable benefit for private-sector workers. Election Law Section 3-110 requires every employer, public or private, to give employees paid time off to vote if their schedule leaves insufficient time at the polls.
If you have at least four consecutive hours between poll opening and your shift, or between your shift and poll closing, the law treats that as enough time and your employer owes nothing. If you have less, you can take up to two hours of paid leave to vote. The employer picks whether the time comes at the start or end of the shift, unless you agree otherwise.8New York State Senate. New York Election Law 3-110 – Time Allowed Employees to Vote
You must give the employer notice between two and ten working days before the election. The employer, in turn, must post a notice of these rights conspicuously in the workplace at least ten working days before every election and keep it up through election day.8New York State Senate. New York Election Law 3-110 – Time Allowed Employees to Vote Smaller employers often miss the posting requirement.
Religious Holidays Not on the State List
The state calendar covers only a handful of traditions. When an observance like Rosh Hashanah, Eid al-Fitr, Diwali, or a weekly Sabbath conflicts with a work schedule, Title VII of the Civil Rights Act requires the employer to reasonably accommodate the employee’s sincerely held religious belief unless the accommodation would cause undue hardship. Typical accommodations include schedule swaps, shift changes, and flexible break times. No formal written request is required; the employee just needs to make the employer aware of the conflict and the religious reason for it.9U.S. Equal Employment Opportunity Commission. Fact Sheet Religious Accommodations in the Workplace
In 2023, the U.S. Supreme Court decided Groff v. DeJoy and raised the bar for what counts as undue hardship. Courts had long allowed employers to deny an accommodation on a showing of more than a trivial cost. The Court rejected that reading and held that an employer must show the accommodation would result in “substantial increased costs in relation to the conduct of its particular business.” That makes it meaningfully harder to refuse religious-holiday accommodations.
Extra Leave for Veterans on Memorial Day and Veterans Day
Public-sector workers have a specific statutory holiday right that private-sector workers do not. Civil Service Law Section 63 requires every public department, court, county office, town office, fire district, city, village, and public authority in New York to give twenty-four hours of paid leave on Memorial Day and Veterans Day to every veteran in public service. The obligation reaches every level of state and local government.10New York State Senate. New York Public Officers Law 63 – Leave of Absence for Veterans on Memorial Day and Veterans Day
The Day-of-Rest Rule During Holiday Weeks
Businesses that stay open through holidays, such as hospitals, hotels, restaurants, factories, and mercantile establishments, can require workers to cover holiday shifts at regular pay unless a contract says otherwise. They still have to comply with the day-of-rest law. Labor Law Section 161 requires covered employers to give every employee at least twenty-four consecutive hours of rest in each calendar week. The rule also covers domestic workers, building superintendents, janitors, and elevator operators. A busy holiday week does not lift the requirement, so seven straight days of work is not permitted just because operations are stretched.
What This Means in Practice
The New York holiday framework works on two tracks. The statutory list closes government offices and courts, entitles public employees to time off, gives every worker paid voting leave when their schedule requires it, and gives public-sector veterans dedicated leave. Everything else about private-sector holiday pay and time off is up to the employer. Check the handbook or offer letter for what has been promised, because a promise in writing is enforceable, and a silence in writing usually means there is nothing to enforce.