Document Type: Regulation
Number: 3.15d
Effective: 05-01-06
Revised: 07-01-06
10-01-06, 12-01-07, 09-05-08,
07-13-09, 05-25-11,12-18-12,
07-28-14, 02-07-16, 11-07-16,
05-23-18, 06-17-22, 09-25-22
Legal References: 778.203,
778.205
29 CFR
553.32
HOLIDAYS
I. INTRODUCTION AND SCOPE
This regulation sets forth the specific holiday benefits regular and temporary employees are eligible to receive. Holiday benefits for bargaining unit employees shall be governed by the provisions of the applicable collective labor agreement.
To receive the holiday benefits outlined in this regulation an eligible employee must be in a full or partial paid status on their regularly scheduled workday before the holiday and on the day the holiday falls. Paid status is defined as receiving compensation from the city through its payroll system for hours worked or for an approved paid leave. In the event an employee calls in sick for their regularly scheduled shift prior to or following a holiday, the supervisor has the discretion to request a health care provider’s note in accordance with the city’s sick leave regulation.
II. PAID HOLIDAYS
The following holidays are paid in accordance with this regulation:
1. New Year's Day
2. Martin Luther King, Jr’s Birthday
3. President's Day
4. Memorial Day
5. Juneteenth
6. Independence Day
7. Labor Day
8. Veteran's Day
9. Thanksgiving Day
10. Christmas Day
11. Floating holiday
Eligible holiday hours for regular employees are determined according to the following schedule.
| Standard Weekly Hours | Eligible Holiday Hours |
| 35 or more | 8 holiday hours |
| 29 - 34 | 6 holiday hours |
| 19 - 28 | 4 holiday hours |
| 18-hours or less | 0 holiday hours |
Eligible holiday hours for temporary employees are determined according to the following schedule.
| Standard Weekly Hours | Eligible Holiday Hours |
| 35 or more | 8 holiday hours |
| 29 - 34 | 6 holiday hours |
| 20 - 28 | 4 holiday hours |
| 19-hours or less | 0 holiday hours |
If a non-exempt or exempt employee is scheduled to work more hours on a paid holiday than the employee is eligible to receive under the above schedule, the employee may account for the excess scheduled hours by:
A. Using accrued vacation [regular employees only]
B. Using accrued personal leave [temporary employees only]
C. Using accrued compensatory time
D. Flexing their schedule within the same FLSA workweek with supervisor approval
E. Taking leave without pay
For example, if a full-time employee is regularly scheduled to work 10 hours and is eligible for an 8-hour holiday, the employee has the option of accounting for the remaining two hours by using vacation/personal leave, compensatory time, taking leave without pay, or by working two additional hours within the same FLSA workweek with prior supervisor approval. Supervisors are encouraged, if business needs allow, to accommodate an employee’s request to flex a work schedule. Sick leave shall not be used to make up the extra hours.
If an exempt employee has no vacation or compensatory time accrued and does not flex hours, the employee shall receive their regular salary. Under these circumstances the law prohibits any deductions being taken from the exempt employee’s salary.
A paid holiday is computed at the employee’s regular rate of pay. A paid holiday in which the employee does not work shall not be considered as time worked for the purpose of overtime or compensatory time calculations for both exempt and non-exempt employees.
In a job share situation, only the person regularly scheduled to work on the holiday is eligible for holiday pay.
Holidays occurring during an employee's approved vacation are treated as
holidays and are not counted as vacation days.
Other than a floating holiday [Section V], employees shall not be compensated for unused holidays upon separation of employment.
III. HOLIDAYS FALLING ON DAYS OFF
Generally, for employees who work Monday through Friday, holidays falling on Saturday are observed on the preceding Friday and those falling on Sunday are observed on the following Monday. However, when a designated holiday falls on an employee’s regularly scheduled day off, other than Saturday or Sunday, the employee shall receive straight compensatory time for the number of eligible holiday hours allowed, as listed in Section II.
In a job share situation, if a holiday falls on a regularly scheduled day off for both job share individuals, then the number of holiday hours each employee is eligible to receive shall be based on the weekly standard hours each employee is scheduled to work. The combined number of holiday hours each person is eligible to receive shall not exceed the number of eligible holiday hours for the position being shared.
For example, Jane and Emma job share a Tuesday through Saturday 40-hour per week position. Jane works 8 hour shifts on Tuesdays, Wednesdays, and Thursdays for a total of 24 hours per week. Emma works 8 hour shifts on Friday and Saturday for a total of 16 hours per week. Neither Jane nor Emma is regularly scheduled to work on Monday which is Labor Day. Because the holiday falls on both their days off and based on the schedule in Section II, Jane would receive 4 holiday hours and Emma would receive no holiday hours. If both Jane and Emma’s standard weekly hours were 20, then both employees would receive 4 holiday hours.
IV. WORKING ON A HOLIDAY
Non-exempt regular employees who are required to work on a holiday shall be paid a holiday premium calculated at two and one-half (2 ½) times the employee’s regular hourly rate of pay for each hour worked. The actual hours worked are counted towards the FLSA workweek. The holiday hours shall not be awarded in compensatory time. However, department directors may, at their discretion, approve a future day off without pay to employees who were required to work on the holiday.
An eligible exempt employee who is required to work on a holiday shall receive the employee’s regular salary and straight compensatory time for each hour worked over 40, including the holiday, in their FLSA workweek. However, the employee shall not be permitted to exceed the compensatory time accrual limit for exempt employees.
When an employee’s shift crosses midnight creating hours worked in two calendar days, the shift that begins on the holiday will count as the holiday.
Temporary (including rec temps) and regular employees that are not eligible for paid holidays are eligible to receive one and one-half (1 ½) their regular hourly rate for all hours worked on a holiday.
V. FLOATING HOLIDAY
In January of each year, regular employees receive a floating holiday that can be used, with supervisor approval, through December 31 of the same year. Floating holidays for new regular employees will be loaded into their leave bank upon hire and on January 1 of each year. The exact date may fluctuate due to payroll schedules. Temporary employees are not eligible to receive a floating holiday.
Supervisor approval is required regarding the date the floating holiday is used. Approval will be based on workload and other business needs.
A floating holiday is the equivalent of four, six or eight hours according to Section II of this regulation. A floating holiday shall not be considered as time worked for the purpose of overtime or compensatory time calculations. A floating holiday may be used in increments and shall not be carried over to the next year.
Employees who leave city employment will be paid for an unused floating holiday.