Is an English-Only Policy at Work Legal? Domestic Violence Leave and Holiday Pay Explained

Can I require my employees to only speak English at work?

Question: There are a handful of Hispanic employees at my office. They speak English but often prefer Spanish when communicating with each other, especially during lunch breaks. I’ve always been fine with this, but another employee who speaks Spanish confirmed that some of them were talking negatively about other team members, and in some instances, right in front of those team members. I read that a new law was enacted permitting employers to require employees to speak English at work. Can I enforce this policy?

The Legal Side: Let’s start with the law you heard about. A recent order related to English proficiency does exist, but it applies only to one narrow industry: commercial truck driving, and it is tied to safety concerns. It does not give employers a general right to require English-only speech at work.

That means we fall back on long-standing guidance from the EEOC and the National Labor Relations Board. Under those rules, blanket English-only policies are risky and often unlawful unless the employer can show a legitimate business necessity. Think safety, clear communication during critical tasks, or direct interaction with patients or customers.

Context matters. When and why language is being regulated matters.

What you describe is happening during lunch breaks. Even if employees are on your premises, this is generally considered off-duty time. Regulating language during off-duty conversations is very difficult to justify from a legal standpoint, especially when those conversations may involve working conditions, schedules, management, or pay. Those topics can be protected under the National Labor Relations Act, and employees may legally choose to discuss them in the language they communicate best in.

That said, language protection is not a free pass for misconduct. If the behavior would be considered harassment, bullying, or unprofessional conduct if it were spoken in English and said in front of the affected employee, then the issue is not the language. The issue is the conduct.

It is also important to note that employers may require English in specific, limited situations. Examples include patient care, safety-related tasks, emergencies, or situations where everyone must clearly understand one another to perform the job.

In the video, I will walk through why regulating language itself is usually the wrong lever, and how to think more clearly about what you can regulate instead.

The Human Side: Legality aside, your frustration is understandable. Allowing conversations that undermine coworkers, damage trust, or happen directly in front of the person being criticized hurts morale and culture. That behavior is unproductive and unkind, regardless of the language used.

There is also a second human issue here that deserves attention. Once a third employee brings this concern to you, you now have to think about confidentiality, retaliation risks, and the likelihood that the reporting employee may be identified. That can easily create another layer of tension if the situation is not handled carefully.

This is why these situations require a thoughtful response, not a blanket rule. The goal is not to police language. The goal is to set clear expectations around professionalism, respect, and how employees treat one another, while staying compliant with the law.

We will unpack more of these human dynamics in the video and talk through practical, realistic ways to address the behavior without creating new legal or cultural problems.

The Department of Labor has additional guidance on this topic here. 

How can I help an employee who is experiencing domestic violence?

Question: One of my employees is dealing with domestic abuse. I’ve suspected it for some time, as have other employees. Recently, the employee and I were discussing that she had either missed or arrived late on many days, and they confirmed the abuse during our one-on-one. How can I support them? Is there anything I need to know, given that my handbook, posters, and state updates from CEDR all address rights that employees have when it comes to Domestic Abuse? As far as those absences, my state is highly protective of employees. I need a plan that helps me support her and hold her accountable for reporting to work. I know this is difficult, but she is clinical, and last-minute call-outs significantly impact our small team and patients. I’m not angry at her at all. I am not a fan of her partner, but ultimately, patients have been cancelled at the last minute more than half a dozen times over the last six months.

The Legal Side: Many states now provide specific workplace protections for employees experiencing domestic violence. These often include job-protected time off for court appearances, medical care, counseling, or safety planning, as well as temporary schedule changes or other reasonable accommodations.

Before taking any action, you need to understand exactly what your state requires. As a CEDR member, we would review those rules with you and build a plan that balances compliance, patient care, and team impact.

You also have a duty to maintain a safe workplace for everyone. That means thinking beyond the affected employee and considering coworkers and patients. A workplace safety plan may be appropriate. This can include front-desk protocols if the abuser appears, temporary schedule or location adjustments, or other safety measures based on your environment.

Confidentiality is critical. Any documentation related to domestic violence should be handled with heightened care and stored separately from the personnel file, similar to medical information. Access should be limited to those with a true need to know.

The Human Side: You are right to approach this with empathy. Let the employee know you want to support them without pressing for details they have not offered. Make it clear that safety matters and that they can come to you if they feel at risk.

You can also support them by sharing resources. Many communities have domestic violence hotlines, shelters, counseling services, and legal aid. Providing information allows the employee to decide what feels safest for them, without pressure.

At the same time, support does not mean ignoring the impact on the business. When handled carefully and respectfully, it is appropriate to discuss how attendance and last-minute call-outs affect patients and the team. In some cases, that honest conversation helps the employee consider a different path or additional support.

Your role is not to fix the situation. Your role is to create a safe, compliant, and humane workplace while navigating a very real operational challenge.

Please call us to talk through this, especially if there is any concern that the abuser may come to the workplace. That may alter our answer.

Do employees get holiday pay while on a leave of absence?

Question:I don’t think employees who are taking leave should also get holiday pay. This benefit is intended for employees who are working during the holiday. I have two employees who will be using leave benefits during a holiday, and they believe they should receive holiday pay because they are still employed, even though they are not working that week. What is the standard?

The Legal Side: There’s a common misconception that holiday pay is a legally guaranteed benefit. In reality, outside of a few very narrow state-specific rules, there is no federal or state law requiring private employers to provide holiday pay at all. In most cases, it’s a fully discretionary benefit.

That said, your ability to control who receives holiday pay hinges on one thing: a clear and objective set of paragraphs in your policies that cover all the contingencies. If your policy explicitly states that employees must work the day before and after a scheduled holiday, to be eligible for holiday pay, it would cover this issue.

Your employee handbook should also have a Leave of Absence policy that explains how pay and benefits work during a leave. This can include not being eligible for holiday pay, PTO not accruing during leave, and paid vacation needing to be used during the leave of absence.

We write very clear policies for our CEDR members, so that in most cases, including this one, an employee who reads the policy would not “think” they should get paid from the holiday pay bank.

The Human Side: Relying on “we’ve always done it this way” explanations is what tends to unravel otherwise reasonable policies. Again, policies are there to protect you, but they are also equally there to remove ambiguities and create consistency. 

If your policy is fair and reasonable, we find that referring the employee to the policy usually gets positive results.

When questions like this keep coming up, that’s usually a sign your policy needs some tightening. If you need help dialing it in, CEDR can help.