Logan Reid
Martin Luther King Jr. Day, or MLK Day, is a federal holiday in the United States, observed on the third Monday of January every year. While the federal government provides its employees with paid holidays, including MLK Day, private sector employers are generally not mandated to offer paid holidays unless state or local laws or employment contracts provide for it. Kaiser Permanente, a healthcare provider, has been criticised for failing to make MLK Day a paid holiday for its employees, despite sponsoring The King Center's official MLK Holiday Observance. However, in 2023, Kaiser Permanente honoured MLK Day with a paid holiday for its employees and a week of community service opportunities.
| Characteristics | Values |
|---|---|
| MLK Day as a paid holiday for hospitals | No federal mandate for paid holidays for hospital workers; varies by hospital and state |
| Kaiser Permanente MLK Day paid holiday | Yes in 2023; no in 2022 |
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What You'll Learn
- Kaiser Permanente employees strike after the company breaks its promise to pay employees on MLK Day
- MLK Day is a federal holiday, but federal law doesn't require companies to pay employees for time not worked
- Some organisations offer holiday pay or incentives, even though they're not required to
- Kaiser Permanente employees are encouraged to spend MLK Day as they wish, but the company also offers a week of community service opportunities
- Some Kaiser Permanente employees view the company's backtracking on MLK Day as emblematic of broader concerns about structural racism within the organisation
Kaiser Permanente employees strike after the company breaks its promise to pay employees on MLK Day
On January 17, 2022, employees of Kaiser Permanente's Oakland and Richmond California clinics, including psychologists, social workers, and therapists, held a one-day strike. This was in protest of the company's failure to uphold its commitment to make Martin Luther King Jr. Day (MLK Day) a paid holiday for its employees. The strike was organized by the National Union of Healthcare Workers (NUHW), and it involved employees picketing outside Kaiser's Oakland Medical Center and marching to the company's corporate headquarters in Downtown Oakland for a rally.
This strike was the culmination of a series of broken promises and concerns about structural racism within Kaiser Permanente. In March 2021, Kaiser had agreed to make MLK Day a paid holiday for all mental health clinicians in Northern California in 2022. However, in December 2021, the company backtracked on this commitment, stating that further negotiations and meetings were needed. This prompted therapists in Richmond and Oakland to vote for a strike, forcing Kaiser to finally honor MLK Day as a paid holiday for all employees starting in 2023.
Despite this concession, employees remained skeptical of Kaiser's promises, given the company's history of delays and broken promises. Additionally, some employees felt that requiring community service to receive the day off sent a negative message to both clients and employees, especially those who are Black or support MLK's mission. This sentiment was echoed by Sabrina Chaumette, a social worker at Kaiser in Oakland, who highlighted the irony of Kaiser's refusal to honor Martin Luther King Jr., considering his pivotal role in desegregating hospitals.
The strike also brought to light broader issues of racism within Kaiser Permanente. A survey of 1,500 Kaiser employees revealed that 62% of non-white workers experienced racism on the job, and 37% of all workers witnessed racism toward their patients. This prompted Kaiser to agree to pay a settlement of $11.5 million to over 2,000 current and former Black employees who had faced discrimination in terms of compensation and promotions. Kaiser responded to the strike by expressing disappointment in the NUHW's decision to disrupt mental health care and asserting its commitment to fostering diversity and responsive care.
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MLK Day is a federal holiday, but federal law doesn't require companies to pay employees for time not worked
While MLK Day is a federal holiday, federal law does not require companies to pay employees for time not worked. This means that whether or not employees in hospitals are paid for this holiday depends on the policies of the hospital or healthcare provider they work for.
Some hospitals, like Kaiser Permanente, have chosen to observe MLK Day as a paid holiday for employees and physicians across the organization. In addition to providing a paid day off, Kaiser Permanente also encourages its employees to participate in its annual MLK Week of Service, during which employees can volunteer their time to help those in their community. This includes virtual volunteering opportunities, such as creating stuffed animals, senior letter writing, and reviewing student podcast submissions, as well as in-person activities like garden weeding, harvesting, and cleanup events.
However, not all hospitals have followed suit. For example, in 2022, employees of Kaiser Permanente's Oakland and Richmond California clinics held a one-day strike to protest the company's decision to backtrack on its commitment to make MLK Day a paid holiday. This decision was met with criticism, with some employees stating that it was an "insult to its black workers and patients" and emblematic of broader concerns about structural racism within the organization.
Ultimately, the decision to pay employees for time not worked on MLK Day is left to the discretion of individual hospitals and healthcare providers, and there is no federal mandate requiring them to do so. While some hospitals have chosen to recognize the importance of the day by providing a paid holiday, others have faced backlash for failing to do the same.
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Some organisations offer holiday pay or incentives, even though they're not required to
While there are no legal requirements for hospitals to observe Martin Luther King Jr. Day as a paid holiday, some organisations choose to offer holiday pay or incentives to their employees. Kaiser Permanente, for example, has honoured the day as a paid holiday for its employees, along with a week of community service opportunities. This marks the first time the organisation has observed MLK Day as a scheduled, paid holiday. Employees are encouraged to spend the day as they choose, while also being offered various volunteering opportunities.
In the private sector, most employers (79%) pay for holidays, but they are not legally obligated to do so unless state or local laws or an employment contract specifically provide for paid holidays. Federal laws do not require payment for time not worked, and ultimately, it is up to the employer's company policy regarding holiday pay. Some states have laws that regulate employees working on holidays and holiday pay, and depending on the state, certain holidays may be mandated as paid days off. For example, federal employees are provided with 11 paid holidays each year, including Inauguration Day every four years.
While Kaiser Permanente has taken steps to recognise MLK Day as a paid holiday, it has faced criticism for backtracking on its commitment. In 2022, employees at Kaiser Permanente's Oakland and Richmond, California clinics held a one-day strike to protest the organisation's failure to make MLK Day a paid holiday. This strike highlighted broader concerns about structural racism within the healthcare organisation, with reports of racism experienced by both workers and patients.
It is important to note that holiday pay policies can vary depending on the specific hospital or healthcare organisation and their respective state and local laws. While some hospitals may choose to provide holiday pay or incentives for MLK Day, it is not a universal practice, and each organisation makes its own decision based on its policies and values.
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Kaiser Permanente employees are encouraged to spend MLK Day as they wish, but the company also offers a week of community service opportunities
In the United States, federal law does not mandate any paid holidays for non-federal workers, and private sector employers are generally not required to offer holidays off with pay. However, some organisations do offer holiday pay or incentives for working on a holiday, and certain states have laws that regulate employees working on holidays and holiday pay.
Kaiser Permanente, a healthcare provider, has been criticised for its failure to make Martin Luther King Jr. Day a paid holiday for its employees, despite sponsoring The King Centre's official 2022 MLK Holiday Observance. In response, some Kaiser Permanente workers held a strike on MLK Day in 2022 to protest the company's broken promise. However, other sources suggest that Kaiser Permanente has since designated MLK Day as a paid holiday for employees and physicians across the organisation. In addition to the paid holiday, the company also offers a week of community service opportunities for employees to honour the work of Martin Luther King Jr. Although employees are encouraged to spend the day as they wish, Kaiser Permanente Northern California holds an annual MLK Week of Service, during which employees can participate in various volunteering activities. This has included virtual volunteering opportunities, such as creating stuffed animals and senior letter writing, as well as in-person activities like garden weeding, harvesting, and cleanup events to support nonprofit organisations.
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Some Kaiser Permanente employees view the company's backtracking on MLK Day as emblematic of broader concerns about structural racism within the organisation
In 2022, Kaiser Permanente faced backlash from its employees for failing to honour Martin Luther King Jr. Day as a paid holiday, despite previous commitments. This prompted employees to go on strike, protesting Kaiser's backtracking on its promise and highlighting broader concerns about structural racism within the organisation.
The issue came to a head when Kaiser Permanente's director of East Bay Behavioral Health, Michael Nava, emailed clinicians in December 2021, stating that the previous commitment to make MLK Day a paid holiday for 2022 was not finalised and that further negotiations were needed. This email was seen as backtracking on their earlier promise, which had been made in response to appeals from Black mental health clinicians at Kaiser's Oakland and Richmond clinics following the murder of George Floyd. The clinicians had approached Kaiser management about addressing structural racism within the organisation, which had resulted in many clinicians of colour leaving and patients being deprived of culturally competent care.
Kaiser's failure to follow through with the paid holiday was particularly disappointing to employees, as it was seen as a broken promise and an indication of the company's lack of commitment to addressing structural racism. A survey of more than 1,500 Kaiser employees found that 62% of non-white workers experienced racism on the job, and 37% of all workers witnessed racism toward their patients. Additionally, Kaiser had recently agreed to pay $11.5 million to over 2,000 current and former Black employees in California who had been underpaid and passed over for promotions compared to their non-Black counterparts.
In response to Kaiser's backtracking, employees of Kaiser Permanente's Oakland and Richmond California clinics held a one-day strike on Martin Luther King Jr. Day, picketing outside the Oakland Medical Center and marching to Kaiser's corporate headquarters. This strike was the latest move by Kaiser Permanente employees to address issues of structural racism within the organisation. Employees expressed their disappointment and frustration with Kaiser's lack of progress in addressing these concerns, despite their public commitment to fostering diversity and responsive care.
While Kaiser Permanente eventually honoured MLK Day as a paid holiday for all employees in 2023, the initial backtracking and subsequent strikes highlight the broader concerns about structural racism within the organisation. Employees continue to advocate for more significant steps to be taken to create a highly inclusive, engaged, and psychologically safe environment.
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Frequently asked questions
It depends on the hospital. While some hospitals like Kaiser Permanente have offered a paid holiday for its employees, others have not. Ultimately, it depends on the employer's company policy as federal law does not require payment for time not worked.
MLK Day, or Martin Luther King Jr. Day, is a federal holiday in the United States marking the birthday of Martin Luther King Jr. It is observed on the third Monday of January.
Kaiser Permanente is a healthcare provider based in Oakland, California. It is one of the hospitals that has offered a paid holiday for its employees on MLK Day.
