Section 21.1 Holidays - November 2011
TO: Manual Holders
Christmas Day, December 25, 2011 and New Year's Day, January 1, 2012, fall on Sunday this fiscal year and under the provisions of the General Construction Law are observed as legal holidays in New York State on Monday, December 26, 2011 and Monday, January 2, 2012, 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
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 Day 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
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 2011 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 for whom Sunday is a regularly scheduled pass day, the Christmas Day holiday will be Monday, December 26, 2011, and the New Year's Day holiday will be Monday, January 2, 2012.
For employees in these units for whom Sunday is a regularly scheduled workday, the Christmas Day holiday will be Sunday, December 25, 2011 and the New Year's Day holiday will be Sunday, January 1, 2012.
Rate of Holiday Compensation
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.
An employee in these units who does not normally have Sunday as a scheduled workday within his or her basic 37.5 or 40 hour workweek, but whose basic work schedule has been officially changed for the weeks in which the Christmas and New Year's holidays fall so that those Sundays are part of the employee's basic 37.5 or 40 hour workweek will observe those holidays on Sundays. This is true even if the employee is not normally scheduled to work on Sundays.
Part-Time Employees (ASU, ISU, OSU, PS&T, SSU, SSpU, and ALES units)
When part-time employees are directed to work hours in addition to their normal schedule within the 37.5 or 40 hour basic workweek of their position, such time becomes part of their scheduled hours for the week, even if it had not been scheduled in advance. If they are directed to work on a pass day, it ceases to be a pass day for them and instead becomes a regular workday so long as they are within the 37.5 or 40 hour workweek of the position. For example, if a part-time employee who does not normally work on Sunday is directed to work on a Sunday, that day becomes a regular workday for the employee so long as the employee is within the 37.5 or 40 hour basic workweek.
When a part-time employee in these units is directed to work on Sunday, December 25, within the 37.5 or 40 hour basic workweek of the position, that day becomes the employee's Christmas holiday, even if the employee is not normally scheduled to work on Sundays. The employee's holiday benefit is based on the number of hours he/she is scheduled or directed to work on that day up to a maximum of 7.5 or 8 hours of work.
In such cases, if Monday, December 26, is also a scheduled workday for the part-time employee who worked on Sunday, Monday is no longer the employee's Christmas holiday. If the employee had intended to be off on Monday, December 26, he/she is no longer entitled to be absent on that day without charge to credits. The employee would either have to charge the absence to leave credits or work on that date. If the employee works...
...on that day, the employee receives only straight time pay and is no longer eligible for holiday compensation. The same principle applies to Monday, January 2.
Accordingly, administrative agencies that plan to be closed on Monday, December 26, or Monday, January 2, should take steps to ensure that part-time employees for whom Monday is a scheduled work day are not directed to work on Sunday, December 25, or Sunday, January 1, within their 37.5 or 40 hour basic workweek.
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.