Delaware Legal Holidays Laws

A legal holiday is a day set aside by the federal or state government to honor an event or historical figure. Depending on the state, employees generally receive a paid day off of work or are paid a higher hourly wage (usually 150 percent of the regular rate) for working on a holiday.

While getting a three-day weekend is fantastic, not all holidays are treated equally, and not all employers treat holiday pay the same. All states generally celebrate national holidays, but other legal holidays vary by state. Delaware sticks largely to the national holidays but also adds Good Friday.

Delaware State Holidays

Delaware state offices are closed on legal holidays, and state government employees are entitled to these as paid days off.

Private Employers

Private employers are not required by state law to provide any holidays as paid (or unpaid) days off. Therefore, a private employer can require his or her employees to work on Thanksgiving, Christmas, New Year, or any other holiday and pay the same rate as he or she would for any normal workday. However, some employers will treat legal holidays as overtime and provide overtime pay for working on a holiday. Check you employment contract or speak to your human resources department to learn more.

Legal Holiday Laws: Federal vs. State

Under federal labor law, employers are not required to pay employees holiday pay (whether it's for hours not worked or premium pay for work performed on legal holidays). However, holiday pay is required for employees of the federal government and certain government contractors.

The following is a complete list of Delaware's legal holidays. See FindLaw's Employment Law section to learn more about your rights as an employee.

Code Section Tit. 1 ยง501
Holidays
  • New Years Day January 1
  • Martin Luther King Jr. Day January 19
  • Good Friday April 3
  • Memorial Day May 25
  • Independence Day July 3
  • Labor Day September 7
  • Veterans Day November 11
  • Thanksgiving Day November 26
  • Day After Thanksgiving November 27
  • Christmas Day December 25

Note: State laws are always subject to change, usually through legislation, ballot initiative, or court ruling -- contact a Delaware employment law attorney or conduct your own legal research to verify the state law(s) you are researching.

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