Section 21.1 Holidays - August 2005
TO: All State Agencies
Christmas Day, December 25, 2005 and New Year’s Day, January 1, 2006, fall on Sunday this year and under the provisions of the General Construction Law are observed as legal holidays in New York State on Monday, December 26, 2005 and Monday, January 2, 2006, respectively. However, contract provisions for certain bargaining units provide that when Christmas Day and New Year’s Day fall on Sunday, employees for whom that day is a regularly scheduled work day will observe the holiday on Sunday instead of Monday.
Holiday compensation provisions for certain bargaining units authorize holiday compensation (holiday pay or holiday leave) for work on the Christmas Day holiday at the time and one-half rate when the date of observance of that holiday is December 25. The Christmas time and one-half rate does not apply when the Christmas Day holiday is observed on December 26.
Because different provisions apply to different bargaining units, the following discussion is organized by bargaining unit.
Rent Regulation Services Unit, Managerial/Confidential Employees
Date of Holiday
For employees in the Rent Regulation Services Unit and those designated Management/Confidential, the Christmas Day holiday will be Monday, December 26, 2005 and the New Year’s Day holiday will be Monday, January 2, 2006.
Employees in the Rent Regulation Services Unit and those designated M/C are not subject to contract or rule provisions authorizing either a Sunday or Monday observance date for the Christmas and New Year’s Day holidays when these holidays fall on Sunday. Absent such special provisions, the General Construction Law governs and the holidays are observed on Monday.
Rate of Holiday Compensation
Holiday compensation (holiday pay or holiday leave) for work on December 26 and January 2 is at the straight time rate. Such employees will not receive any holiday pay or holiday leave for time worked on December 25 and January 1.
Although M/C employees are eligible for holiday compensation (holiday pay or holiday leave) at the time and one-half rate for work on Christmas Day, that provision only applies when Christmas Day is observed on the actual holiday, December 25. Therefore, it does not apply to the 2005 Christmas Day holiday which is observed on Monday, December 26.
Administrative Services Unit, Institutional Services Unit, Operational Services Unit, Professional, Scientific and Technical Services Unit, Security Services Unit, Security Supervisors Unit, Agency Law Enforcement Services Unit
Date of Holiday
For employees in these units, the day designated as the Christmas and New Year’s holiday depends upon the employee’s regular work schedule on Sunday, December 25 and Sunday, January 1. For purposes of this discussion, a “regularly scheduled workday” means that the employee is normally scheduled to work on that day as part of his/her basic 37.5 or 40 hour workweek. It does not mean a day that is scheduled as the employee’s pass day on which the employee is scheduled or directed to work on an overtime basis.
For employees in these units for whom Sunday is a regularly scheduled pass day, the Christmas Day holiday will be Monday, December 26, 2005, and the New Year’s Day holiday will be Monday, January 2, 2006.
For employees in these units for whom Sunday is a regularly scheduled workday, the Christmas holiday will be Sunday, December 25, 2005 and the New Year’s Day holiday will be Sunday, January 1, 2006.
Rate of Holiday Compensation
ASU, ISU, OSU, PS&T
Since there is no provision for payment of holiday compensation (holiday pay or holiday leave) at the time and one-half rate for work on New Year’s Day, employees who receive holiday pay for work on either a January 1 or a January 2 New Year’s Day holiday will receive such pay at the straight time holiday rate.
SSU, SSpU, ALES
Notification to Employees
In the case of shift operations, holiday shifts must be designated for all four possible observance dates.
After the date of the employee’s holiday has been established based on the regular work schedule, the attached chart may be useful in determining the actual holiday benefit entitlement for employees in these units. Please note the assumptions listed at the top of the chart; the chart is designed to cover the “typical” situations which may arise and does not cover every possible circumstance which may occur.
Questions and requests for background memos should be referred to the Attendance and Leave Unit of the Department of Civil Service at (518) 457-2295.