Is Veterans Day a Legal Holiday? Federal Status, Employer Obligations & Employee Rights
Veterans Day is a federal legal public holiday established by Congress under 5 U.S.C. § 6103(a), observed annually on November 11. Federal employees receive paid time off, but the legal reality for private sector workers is drastically different—most Americans have zero legal entitlement to Veterans Day pay or time off.
The recent 2025 White House proclamation confirms Congress designated November 11 as a legal public holiday to honor the nation’s veterans, yet this federal status doesn’t translate to universal workplace rights. The disconnect between “federal holiday” and actual employee entitlements creates confusion for millions of workers wondering whether they’ll get paid or have the day off.
What Federal Law Says About Veterans Day Legal Status
Title 5 U.S.C. § 6103(a) lists Veterans Day among 11 federal holidays, including New Year’s Day, Independence Day, and Christmas. This statute specifically designates November 11—not a floating Monday—as the legal observance date, unlike holidays such as Memorial Day or Labor Day.
When Veterans Day falls on a Saturday or Sunday, most federal employees observe the holiday on the preceding Friday or following Monday, respectively, under 5 U.S.C. § 6103(b)(2). This “substitute day” rule applies only to federal workers with Monday-Friday schedules.
Federal employees entitled to paid holiday time off receive their regular basic pay for Veterans Day, while those required to work receive holiday premium pay at double their basic rate. The U.S. Office of Personnel Management oversees these federal employee benefits, but these protections stop at federal employment.
The Critical Distinction: Federal vs. Private Sector Employees
Federal labor law through the Fair Labor Standards Act (FLSA) does not require private sector employers to offer paid holidays, including Veterans Day, or pay premium rates for working on federal holidays. This creates a two-tier system where federal status means everything for government workers and almost nothing for most Americans.
Private sector employees’ entitlement to holiday pay is determined by employer policies, employment contracts, or collective bargaining agreements—not federal law. Most private companies voluntarily offer some federal holidays as paid time off, but Veterans Day ranks among the least commonly provided.
National Compensation Survey data reveals only 11% of private industry employees receive Veterans Day as a paid day off, compared to 97% who get Thanksgiving and Christmas. Washington’s Birthday (Presidents’ Day) at 19% and Columbus Day also rank low, demonstrating federal holiday designation alone doesn’t guarantee private sector benefits.
State Laws Requiring Veterans Day Time Off
Five states mandate employers provide time off to veteran employees on Veterans Day, though requirements vary significantly:
Iowa: Employers must provide veteran employees time off on Veterans Day (paid or unpaid at employer’s discretion), with at least one month’s written notice from the employee and 10 days’ advance notice from employers about whether leave is paid or unpaid. Employers can deny requests only to protect public health and safety or maintain minimum operational capacity.
Massachusetts: Certain employers are prohibited from requiring employees to work on Veterans Day, and retail establishments with at least eight employees must pay 1.5 times regular rates if they operate on Veterans Day (after 1:00 p.m.). Massachusetts “Blue Laws” impose strict holiday work restrictions on specific business types.
New Hampshire: Employers must provide veteran employees time off on Veterans Day in accordance with the employer’s policies and procedures for advance notice. The leave can be paid or unpaid at the employer’s discretion.
Oregon: Employers must provide veteran employees paid or unpaid time off for Veterans Day if employees give at least 21 calendar days’ notice and provide documentation showing veteran status. Employers can deny requests if providing time off would cause significant economic or operational disruption.
Tennessee: Veteran employees must receive time off on Veterans Day (paid or unpaid), with at least one month’s prior written notice required from employees.
These state laws apply only to veterans who meet specific eligibility requirements—typically those with honorable discharge status. Non-veteran employees in these states have no legal entitlement to Veterans Day time off unless covered by broader paid leave mandates.
What Federal Regulations Actually Require
Under federal law, there’s generally no requirement to pay non-exempt employees premium pay for working on Veterans Day unless it results in working more than 40 hours in the workweek. The FLSA’s overtime provisions still apply—if Veterans Day work pushes weekly hours above 40, time-and-a-half pay kicks in regardless of the holiday status.
Federal law does not mandate that private businesses close or provide paid time off for federal holidays, meaning private companies are not automatically bound by the same holiday observance rules as the federal government. This fundamental legal distinction separates federal holiday designation from private sector obligations.
Rhode Island Exception: Rhode Island requires most employers to pay hourly employees 1.5 times their regular rate for work performed on Veterans Day or other covered holidays (or Sundays), unless granted an exception. Rhode Island stands as the only state with universal holiday premium pay requirements beyond Massachusetts’ limited retail restrictions.
Employer Obligations and Compliance Requirements
Private employers face minimal federal compliance obligations regarding Veterans Day:
- No mandatory time off: Private employers can require all employees to work on November 11 without legal penalty in most states
- No premium pay requirement: Standard hourly rates apply for Veterans Day work unless weekly hours exceed 40 or state law (Rhode Island) mandates premium pay
- Contractual obligations control: Employers must honor provisions in employment contracts, collective bargaining agreements, or established company policies providing Veterans Day benefits
- State veteran time-off laws: Employers in Iowa, Massachusetts, New Hampshire, Oregon, and Tennessee must comply with state-specific requirements for veteran employees
The Federal Reserve and banks close on Veterans Day, so direct deposits generally won’t post to employee accounts on that day. Some states require payment on the preceding business day if scheduled payday falls on a holiday.
Understanding Your Veterans Day Compensation Rights
Your entitlement to Veterans Day pay or time off depends entirely on your employment category:
Federal Employees: Guaranteed paid day off with double-time pay if required to work, governed by 5 U.S.C. § 6103 and OPM regulations.
State/Local Government Employees: Most state governments observe Veterans Day as a paid holiday for state employees, though specific benefits vary by jurisdiction.
Private Sector Employees: Rights determined by:
- Written employment contracts specifying holiday pay
- Collective bargaining agreements (union contracts)
- Company employee handbooks and established policies
- State laws (Rhode Island premium pay; five-state veteran time-off requirements)
Holiday pay generally doesn’t count toward hours worked when determining overtime eligibility under federal law. If you receive paid time off for Veterans Day and work other days that week, those holiday hours won’t trigger FLSA overtime unless you work more than 40 actual working hours.
Common Misconceptions About Veterans Day Legal Status
Myth: “Veterans Day is a legal holiday, so all employers must give the day off.”
Reality: Federal holiday status creates legal obligations only for federal employers, not private sector companies. The designation “legal public holiday” refers to federal government operations, not universal workplace requirements.
Myth: “Federal law requires premium pay for working on federal holidays.”
Reality: The FLSA does not require premium pay for holiday work in the private sector. Premium pay is a voluntary benefit or contractual requirement, not a federal mandate except in specific state jurisdictions.
Myth: “All veterans automatically get Veterans Day off work.”
Reality: Only veterans in Iowa, Massachusetts, New Hampshire, Oregon, and Tennessee have state-law protections for Veterans Day time off, and even these states allow employers to deny requests under certain circumstances.
Myth: “If my company gives some holidays off, they must give Veterans Day off.”
Reality: Employers can selectively observe certain federal holidays while ignoring others. No law requires consistency in holiday offerings unless contractually bound.
State Variations and Private Sector Practices
While state holidays are provided as paid days off to state employees, and often by local government to city or municipal employees, they’re not required to be given by private employers in most states. State-specific holidays (like Texas Independence Day or Alaska Day) add another layer of complexity beyond federal holidays.
Many private employers voluntarily observe Veterans Day or offer floating holidays employees can use on November 11, but these remain business decisions, not legal requirements. Whether employees receive holiday pay depends on factors like employer type, specific job, and union membership.
Companies in retail, hospitality, healthcare, and transportation commonly require work on Veterans Day, sometimes offering “holiday premium pay” voluntarily to incentivize staffing. Public safety workers, healthcare employees, and union members may have specific agreements providing enhanced compensation for holiday work.
What Recent Regulatory Changes Mean for Workers
The 2025 White House Veterans Day proclamation reaffirms the legal basis under 5 U.S.C. 6103(a) designating November 11 as a legal public holiday, but no recent federal legislation has expanded private sector obligations regarding holiday pay or time off.
State legislatures continue proposing expanded veteran protections. For example, New York Senate Bill 2025-S6973 proposes requiring all employers to offer paid leave to veteran employees on Veterans Day (except emergency/critical employees, who would receive alternative paid leave), though this legislation has not yet passed.
The gap between federal holiday designation and actual employee protections remains unchanged by recent regulatory activity. Workers seeking Veterans Day benefits must rely on employer policies, contractual agreements, or the limited state laws already in effect.
How to Determine Your Specific Veterans Day Rights
Step 1: Check Your Employment Type
- Federal employee? You have guaranteed paid time off under 5 U.S.C. § 6103
- State/local government employee? Check your state’s personnel policies
- Private sector employee? Proceed to Step 2
Step 2: Review Your Employment Contract Look for provisions specifying:
- Which holidays are paid
- Premium pay rates for holiday work
- Notice requirements for holiday scheduling
Step 3: Examine Company Policies Employee handbooks typically outline:
- Recognized paid holidays
- Eligibility requirements (full-time vs. part-time)
- Procedures for requesting holiday time off
Step 4: Consider Union Agreements Collective bargaining agreements often secure holiday benefits exceeding standard employer policies.
Step 5: Know Your State Laws
- Are you a veteran in Iowa, Massachusetts, New Hampshire, Oregon, or Tennessee? You may have statutory time-off rights
- Do you work in Rhode Island? Premium pay likely applies
- Does your state offer broader paid leave mandates that could apply to Veterans Day?
Practical Guidance for Understanding Employer Obligations
Employers should:
- Clearly communicate holiday policies in employee handbooks with specific Veterans Day provisions
- Honor all contractual commitments regarding holiday pay or time off
- Comply with applicable state laws for veteran employees
- Provide adequate notice about whether Veterans Day is a recognized holiday and whether it’s paid or unpaid
- Maintain consistent application of holiday policies to avoid discrimination claims
Employees should:
- Request written confirmation of Veterans Day pay policies before November 11
- Document any established past practices (if employer has historically provided Veterans Day off)
- Review employment contracts for specific holiday provisions
- Understand state-specific veteran protections if applicable
- Recognize that in most private sector jobs, Veterans Day work at regular pay is legally permissible
The Bottom Line on Veterans Day Legal Status
Veterans Day holds unambiguous federal legal holiday status under 5 U.S.C. § 6103, making it one of 11 designated federal holidays. This designation guarantees paid time off for federal employees and closes federal government offices, post offices, and federally chartered banks.
For the vast majority of American workers in the private sector, however, Veterans Day’s federal holiday status creates no legal entitlement to pay or time off. The FLSA does not require employers to pay employees for time not worked, including federal holidays, leaving private sector benefits to employer discretion, contractual agreements, or limited state mandates.
The five-state veteran protection laws and Rhode Island’s premium pay requirement represent exceptions to the general rule that private employers face zero federal compliance obligations for Veterans Day observance. Understanding your specific employment situation—federal, state, or private sector, plus applicable state laws and contractual rights—determines whether Veterans Day means a paid day off or just another Tuesday.
FAQs About Veterans Day Legal Holiday Status
Is Veterans Day a legal holiday in the United States?
Yes, Veterans Day is a federal legal public holiday established by Congress under 5 U.S.C. § 6103(a), observed annually on November 11. However, “legal holiday” status applies primarily to federal government operations and federal employees. Private sector employers face no federal requirement to observe Veterans Day as a paid holiday or provide time off.
Do all employees get Veterans Day off work?
No. Federal law does not require private employers to give employees Veterans Day off or provide holiday pay. Federal and most state government employees receive paid time off, but private sector workers’ entitlements depend entirely on employment contracts, company policies, or applicable state laws (Iowa, Massachusetts, New Hampshire, Oregon, and Tennessee provide limited protections for veteran employees).
What does federal law require employers to do for Veterans Day?
The Fair Labor Standards Act (FLSA) does not require private employers to provide paid holidays or premium pay for federal holidays including Veterans Day. Federal law only mandates standard overtime pay (time-and-a-half) if Veterans Day work causes total weekly hours to exceed 40. Federal employers must provide paid time off under 5 U.S.C. § 6103, but this requirement doesn’t extend to private companies.
Which states require employers to give Veterans Day off?
Five states expressly require employers to provide time off to veteran employees on Veterans Day: Iowa, Massachusetts, New Hampshire, Oregon, and Tennessee. These laws apply only to eligible veterans (typically with honorable discharge), allow employers to offer paid or unpaid leave, and permit denial under certain circumstances like operational hardship. Rhode Island requires premium pay for most employees working on Veterans Day but doesn’t mandate time off.
Am I entitled to premium pay if I work on Veterans Day?
Federal law does not require premium pay for working on Veterans Day unless total weekly hours exceed 40. Rhode Island requires employers to pay 1.5 times regular rates for Veterans Day work (unless granted an exception), and Massachusetts requires retail establishments with eight or more employees to pay 1.5 times regular rates if operating on Veterans Day after 1:00 p.m. Private employers may voluntarily offer premium pay through company policy or collective bargaining agreements.
How do I know if I’m entitled to Veterans Day pay?
Review your employment contract, employee handbook, or collective bargaining agreement for specific holiday provisions. If you’re a federal employee, you’re guaranteed paid time off under 5 U.S.C. § 6103. If you’re a veteran in Iowa, Massachusetts, New Hampshire, Oregon, or Tennessee, check your state’s specific requirements. For private sector employees without written policies, no federal or state law (except Rhode Island premium pay) creates automatic entitlement to Veterans Day compensation.
Can my employer require me to work on Veterans Day?
Yes, in most situations. Private employers are not automatically bound by federal holiday observance rules. Massachusetts and Rhode Island prohibit certain employers from requiring employees to work on Veterans Day and other covered holidays, and the five-state veteran protection laws create limited time-off rights for eligible veterans. Otherwise, employers can schedule work on November 11 just like any other day, provided they comply with any contractual obligations in employment agreements or union contracts.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Veterans Day legal status, employer obligations, and employee rights vary by individual circumstances, employment sector, state law, and applicable federal regulations. Consult official Department of Labor resources at www.dol.gov or a qualified attorney for specific guidance regarding Veterans Day rights or employer compliance.
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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