Managing Paid and Unpaid Holidays in Hybrid Work: Europe vs the US

As hybrid work models continue to gain popularity, companies face new challenges in managing payroll, especially regarding paid and unpaid holiday leave. With employees working remotely from various locations, businesses must navigate complex legal frameworks to ensure compliance while maintaining fair and consistent leave policies. These complexities are particularly pronounced in hybrid work environments where cross-border or multi-state compliance becomes crucial.

This article explores how businesses in the US and Europe approach managing holiday pay for hybrid employees, highlighting key differences, challenges, and best practices for efficient payroll management.

What is hybrid work?

Hybrid work refers to a dynamic model of work organization that blends on-site and remote work. It emerged as a response to the growing need for flexibility and efficiency in modern workplaces. This approach allows employees to perform their tasks across different settings, leveraging digital tools and maintaining adaptability in work arrangements.

Hybrid work can be dissected into four interconnected elements, each playing a crucial role in defining its structure and impact:

• Physical: Focuses on work location, including offices, homes, and mobility between sites.
• Temporal: Refers to work schedules, including timing, frequency, and duration of tasks.
• Virtual: Leverages digital tools like Zoom and Teams for collaboration across locations.
• Social: Emphasizes building relationships through in-person and virtual interactions.

Figure 1: The basic elements, sub-elements, and features of hybrid work. Source: Eurofound (2023).

To visualize these elements, Eurofound (2023) developed a comprehensive diagram that breaks hybrid work into its core elements, sub-elements, and features. For example, the Physical element encompasses "workplace" and "mobility," while the Temporal element addresses "timing" and "duration." The diagram highlights the interconnected nature of these elements, providing a detailed framework for understanding hybrid work.

What are the legal requirements for holiday pay in the US and Europe?

US: Legal requirements for holiday pay

Holiday pay is not mandated at the federal level in the US, offering businesses significant flexibility in designing their holiday leave policies. Unlike most advanced economies, the US does not guarantee workers any paid vacation or holidays. Consequently, about 25% of workers do not receive paid vacation or holiday benefits, with lower-wage, part-time workers, and employees of small businesses being the most affected (Ray & Schmitt, 2008).

For unpaid leave, the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible employees. However, FMLA only applies to businesses with 50 or more employees, leaving smaller organizations without such protections.

🟨 Key takeaway: The US offers flexibility in holiday pay policies, but this creates inconsistencies, particularly for hybrid employees in different states.

Europe: Legal requirements for holiday pay

In Europe, holiday pay is more standardized, primarily due to the EU’s Working Time Directive, which guarantees at least four weeks of paid holiday leave to all workers within EU member states. This baseline ensures fairness across the EU, with additional leave policies varying by country. For example, France offers extra paid leave days, while Germany requires employees to continue paying into social security during unpaid leave (European Commission, 2020).

The right to paid annual leave is enshrined in the EU’s Charter of Fundamental Rights, making it a fundamental social right. However, hybrid work arrangements can complicate compliance, particularly for employees working across borders.

🟨 Key takeaway: Europe’s legal framework provides greater uniformity, but businesses must navigate country-specific nuances for hybrid employees.

How does hybrid work affect holiday pay and leave management?

US: Holiday pay and leave management

Hybrid work complicates holiday pay management due to the lack of federal mandates and the need to accommodate state-specific regulations. Some companies extend paid holiday benefits to remote workers, but inconsistencies arise when policies differ between in-office and remote employees. For example, a company headquartered in California might offer different leave benefits to hybrid employees residing in Texas or New York (Santillan et al., 2023).

Additionally, hybrid employees often face difficulties tracking paid leave across time zones and locations, which increases payroll complexities.

🟨 Key takeaway: The lack of a uniform federal standard amplifies the challenges of managing holiday pay for hybrid workers in the US.

Europe: Holiday pay and leave management

In Europe, the hybrid model also presents challenges, although the more standardized legal framework helps maintain consistency. However, as employees work remotely across borders, companies must ensure that they follow local laws for holiday pay in each country. For instance, while a French employee may have extra leave days under French law, a German employee working from Spain may face complications when managing holiday pay across two different legal systems (Vartiainen & Vanharanta, 2023).

These complexities require companies to have strong payroll systems capable of handling cross-border leave policies and ensuring compliance with both local and EU regulations (Eurofound, 2023).

🟨 Key takeaway: Hybrid work in Europe presents challenges for cross-border compliance, requiring businesses to ensure consistent holiday benefits across multiple jurisdictions.

What are best practices for managing paid and unpaid leave for hybrid employees?

US: Best practices

In the US, businesses have significant flexibility in determining how to manage paid and unpaid leave for hybrid employees. However, to ensure consistency and avoid confusion, businesses should establish clear policies that define how PTO is allocated, whether hybrid employees are entitled to the same paid holidays as in-office staff, and how unpaid leave will be handled.

1. Flexible leave policies: Adopt clear and flexible paid time off (PTO) policies that account for hybrid employees' needs and state-specific labor regulations (Benedic, 2023).
2. Centralized leave management systems: Use technology for managing leave entitlements and tracking across different locations, ensuring fairness and compliance (De Souza, 2022).
3. Transparent communication: Educate employees on policies for unpaid leave and provide clear guidance on accessing PTO or vacation days. This reduces the likelihood of confusion in remote settings (Mustajab, 2024).

🟨 Key takeaway: Clear and adaptable policies paired with robust tracking systems are critical for managing leave effectively in hybrid models.

Europe: Best practices

Europe’s more structured approach to paid leave simplifies the process for hybrid employees, but businesses still need to manage differences in national laws. For example, in the UK, holiday entitlement can be carried over if not used within the leave year, while in Germany, employees have a statutory minimum that must be honored, even if the employee works remotely from another country. The key for businesses is to implement flexible payroll systems capable of handling these differences and ensuring that all employees receive the benefits they are entitled to.

1. Compliance with national laws: Harmonize leave policies with national regulations, such as carrying over unused holiday entitlement in the UK and maintaining statutory minimum leave in Germany (Helskens et al., 2024).
2. Payroll system adaptations: Implement payroll systems capable of handling cross-border compliance for hybrid employees, particularly regarding statutory contributions for unpaid leave (Conway et al., 2016).
3. Equitable leave allocation: Ensure that hybrid employees receive equivalent paid leave benefits to their in-office counterparts to maintain parity and morale (Ohlson & Goel, 2022).

🟨 Key takeaway: Structured legal frameworks in Europe simplify compliance but require businesses to address differences in local laws effectively.

What technologies can streamline leave management in hybrid work environments?

US & Europe: Best practices in technology for leave management

1. Cloud-Based HR platforms: Businesses are leveraging advanced cloud-based HR systems, such as Workday and BambooHR, for efficient leave management. These platforms allow seamless integration across jurisdictions and provide real-time updates on PTO, unpaid leave, and holiday pay. Research emphasizes that such systems improve compliance with local labor laws while reducing administrative burdens (Hasiwar et al., 2024).
2. Automation and Artificial intelligence (AI): Payroll automation tools powered by AI can enhance the accuracy of leave tracking and calculations. They adapt to hybrid work environments by accounting for diverse working hours and leave types across regions (Kirchner & Ipsen, 2023).
3. Employee portals for self-service: Self-service employee portals in HR software enable employees to request and track their leave in real-time. This not only improves transparency but also reduces dependency on HR teams (Matsudaira, 2023).
4. IoT-Driven smart office solutions: Emerging IoT-based systems can help monitor and manage workspaces efficiently in hybrid setups. Such systems provide analytics to optimize workforce planning and leave scheduling (Hasiwar et al., 2024).
5. Real-Time data integration: Integration of real-time data ensures payroll managers and HR teams are always working with the latest information. Studies highlight that real-time systems are essential to handle the complexities of hybrid workforces (Mustajab, 2024).

🟨 Key takeaway: The use of advanced HR technologies, including cloud-based systems, AI-powered tools, and IoT-enabled solutions, is critical for ensuring efficient and compliant leave management in hybrid work environments.

How Jackson & Frank can support your organization?

Managing a global distributed workforce, especially in hybrid work environments, can be challenging. From navigating complex legal frameworks to ensuring compliance with tax, accounting, and audit regulations, businesses need expert guidance and cutting-edge solutions.

Our comprehensive support includes:

• Legal compliance: Ensuring your holiday pay and leave policies align with local and international regulations.
• Tax services: Managing tax obligations for cross-border hybrid employees.
• Accounting solutions: Simplifying payroll processing and leave management with accurate financial reporting.
• Audit services: Ensuring your operations meet global standards and compliance requirements.
• Advanced technology: Leveraging our cloud-based HR systems to automate leave tracking and payroll processing for hybrid workers, ensuring accuracy, compliance, and integration across jurisdictions.

By combining expert local teams with advanced technology, we empower businesses to navigate the complexities of managing a global workforce. With tailored solutions designed for hybrid environments, we ensure your operations remain compliant, efficient, and scalable.

🤝 Let’s Work Together: Contact us today to learn how our local expert teams can support your organization in effectively managing your hybrid and distributed workforce.

Conclusion

Managing payroll for paid and unpaid holidays in hybrid work environments is a complex but crucial task for businesses in both the US and Europe. While the US offers flexibility, it also introduces challenges due to the decentralized nature of holiday pay laws and the inconsistencies between in-office and remote workers. Europe benefits from a more standardized approach, but cross-border compliance and managing hybrid workers across multiple countries can still create complexities.

By investing in HR technology and maintaining transparent, well-communicated policies, businesses can streamline payroll processes and ensure fair and compliant holiday pay for their hybrid teams. The key is to stay informed about the changing legal landscape and embrace solutions that allow for flexibility and accuracy in managing leave.

Strategic recommendations:

• Implement cloud-based HR systems to automate leave tracking and payroll processing for hybrid workers.
• Regularly review holiday policies to stay compliant with local and international regulations.
• Communicate holiday leave policies clearly to employees to ensure transparency and consistency.

References

Ray, R., & Schmitt, J. (2008). The Right to Vacation: An International Perspective. International Journal of Health Services, 38, 21 - 45. https://doi.org/10.2190/HS.38.1.B

Panascì, M. (2019). The right to paid annual leave as an EU fundamental social right. Maastricht Journal of European and Comparative Law, 26, 441-448. https://doi.org/10.1177/1023263X19841762

Santillan, E., Santillan, E., Doringo, J., Pigao, K., & Mesina, V. (2023). Assessing the Impact of a Hybrid Work Model on Job Execution, Work-Life Balance, and Employee Satisfaction in a Technology Company. Journal of Business and Management Studies. https://doi.org/10.32996/jbms.2023.5.6.2

Eurofound (2023), Hybrid work in Europe: Concept and practice, Publications Office of the European Union, Luxembourg. https://www.eurofound.europa.eu/en/publications/2023/hybrid-work-europe-concept-and-practice

Vartiainen, M., & Vanharanta, O. (2023). Hybrid work: Definition, origins, debates and outlook. https://doi.org/10.13140/RG.2.2.12847.71844

Benedic, M. (2023). Hybrid work for small businesses: strategies for reaping benefits. Journal of Business Strategy. https://doi.org/10.1108/jbs-09-2022-0163

De Souza, L. (2022). Trust, flexibility and technology: The keys to creating a more mature workplace. Corporate Real Estate Journal. https://doi.org/10.69554/xarw8335

Mustajab, D. (2024). Exploring the Effectiveness of Remote and Hybrid Work Policies: A Literature Review on Workforce Management Practices. Jurnal Manajemen Bisnis. https://doi.org/10.33096/jmb.v11i2.798

Helskens, H., Van Hulst, K., & Duchamps, T. (2024). O-100 HYBRID WORKING IN BELGIUM: CHALLENGES AND OPPORTUNITIES – A MIXED METHOD STUDY. Occupational Medicine. https://doi.org/10.1093/occmed/kqae023.0695

Conway, E., Fu, N., Monks, K., Alfes, K., & Bailey, C. (2016). Demands or resources? The relationship between HR practices, employee engagement and emotional exhaustion within a hybrid model of employment relations. Human Resource Management, 55, 901-917. https://doi.org/10.1002/HRM.21691

Ohlson, M., & Goel, L. (2022). Leadership Strategies for the Hybrid Workforce. Advances in Human Resources Management and Organizational Development. https://doi.org/10.4018/978-1-6684-3453-6

Hasiwar, D., Gruber, A., Dragschitz, C., & Ivkic, I. (2024). Towards a Cloud-based Smart Office Solution for Shared Workplace Individualization. , 367-374. https://doi.org/10.48550/arXiv.2403.18883

Kirchner, K., & Ipsen, C. (2023). Editorial: Fusing management and workplace health: a research agenda on digitalization. International Journal of Workplace Health Management. https://doi.org/10.1108/ijwhm-02-2023-231

Matsudaira, K. (2023). Managing Hybrid Teams. Queue, 21, 5 - 16. https://doi.org/10.1145/3606015

Mustajab, D. (2024). Exploring the Effectiveness of Remote and Hybrid Work Policies: A Literature Review on Workforce Management Practices. Jurnal Manajemen Bisnis. https://doi.org/10.33096/jmb.v11i2.798