Everyone Should Have Had The Day Off On January 2nd

Partners may want to begin the new year with a bang and start billing hours, but it's time to give lawyers a break.

Young businessman tired at nightTo be completely honest, I was not always in favor of observing holidays that fell over a weekend on the first Monday following that weekend. It seemed odd to me that holidays which were tied to a specific date, like the Fourth of July and New Year’s Day would be commemorated on a day other than the specified date. However, I had a wild New Year’s Eve that set me back for a few days. I was extremely thankful that many people observed January 2nd as a day off so that I did not need to respond to emails or otherwise work as hard on that date as usual.

However, I heard that some partners forced attorneys and staff to work on January 2nd, even though New Year’s Day occurred over the weekend and many employers were observing January 2nd as a day off. Some attorneys and staff seemingly even needed to be in offices on this day, which seems completely unnecessary since we all learned during the pandemic how to perform work remotely and because many people within the legal profession were not working that day. Although I can understand the desire of partners to begin the new year with a bang and start billing hours, law firms should uniformly observe holidays on days other than the assigned date if that date falls on a weekend.

The main reason why employers should observe holidays on weekdays if they fall on a weekend is to preserve the number of days off employees get every year. When you look at a list of federally recognized holidays, the list is pretty short. Sure, some states observe more holidays like Patriots Day and Lincoln’s Birthday in New York, but there are still only a dozen or so holidays for which employers typically give employees the day off. It is unfair if the number of days an employee gets off is inconsistent because of the calendar. Some employees do not work for an employer for long, and they might work for an employer during a year when more holidays fall on the weekend. Observing all of the holidays regardless of whether they fall on a weekend or a weekday helps establish consistency in the amount of work an employee is expected to perform in a given year.

Moreover, giving employees the day off if a holiday falls on a weekend helps workers recharge and be prepared for work when they return. Some of the holidays that might fall on a weekend due to the calendar might involve the type of merriment which could impact that worker’s ability to function the next day. For instance, it is not uncommon for people to celebrate July 4th, New Year’s, and other holidays to such an extent that the worker is out of commission for a little while. If workers needed to return to their jobs directly after such holidays, the quality of their work might be impacted, and employers can suffer a number of adverse consequences if their workers are not at the top of their game. Accordingly, it makes sense to ensure that workers always get a day off for a holiday, whether it falls on the weekend or not.

Some might argue that since employees and staff are usually entitled to vacation time, there is less need to observe a holiday on a weekday if that holiday happens to fall on a weekend. However, this belief ignores the reality of taking vacation at a law firm. Many people who work at law firms do not take vacation time. This is mainly due to the fact that attorneys and staff want to look good for bosses and taking little or no vacation time shows that a worker is perhaps more dedicated to his or her job than someone who takes more vacation. In addition, there may be significant financial consequences to taking vacation time. Some law firms pay attorneys and staff for unused vacation time when they leave a firm, so taking vacation might mean that attorneys and staff eventually lose money.

However, observing a holiday does not count as vacation time, so more people are likely to take the day off. In addition, since everyone at a firm is taking the day off, it is more likely that someone will not work on a firm-wide vacation. Accordingly, observing holidays is still important even if law firms have generous vacation policies.

All told, it took me a little while to understand the value of observing holidays during the week if they happen to fall on the weekend. Even if law firms have vacation policies, they should still observe all recognized holidays regardless of whether they fall on the weekend or during the week so that attorneys and staff can have a break.

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Rothman Larger HeadshotJordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

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