SEIU Article 42

ARTICLE 42: HOLIDAYS

Section 1.  The following holidays shall be recognized and paid for at the regular straight time rate of pay:

  1. New Year’s Day on January 1;
  1. Martin Luther King, Jr.’s Birthday on the third Monday of January;
  1. Memorial Day on the last Monday in May;
  1. Independence Day on July 4;
  1. Labor Day on the first Monday in September;
  1. Veterans’ Day on November 11 for those universities that cease operations on that day.  For those universities that continue operations on November 11, Veterans’ Day shall not be recognized as a paid holiday and Christmas Eve Day shall be recognized as a holiday in its place.  Nothing in this Article shall limit a university’s discretion in deciding whether to operate or cease operations on Veterans’ Day in future years. The Employer will notify the Union by July 1 if the holiday schedule for Veterans’ Day changes.

At universities that continue operations on Veterans’ Day, employee requests to use accrued leave on Veterans’ Day shall be granted absent operational requirements that require the employee to work on that day.

  1. Thanksgiving Day;
  1. The Friday after Thanksgiving;
  1. Christmas Day on December 25;
  1. Every day appointed by the Governor as a holiday.

Section 2.  Special Day(s). In addition to the holidays specified in this Article, full time employees shall receive eight (8) hours of paid leave. Part-time, seasonal and job share employees shall receive a prorated share of eight (8) hours of paid leave at their regular straight time rate of pay based upon the same percentage or fraction of month, as they are normally scheduled to work.  Paid leave granted in this Section, shall be accrued by all employees employed as of December 24 of each year. Employees may request the option of using this paid leave on the work day before or after Christmas, the work day before or after New Year’s Day or, when these days are not available to an employee, on another day of the employee’s choice; provided that approved usage of this leave shall be granted on a basis which shall preclude the closure of facilities.  However, the day must be used no later than June 30th of that fiscal year or it is forfeited and is not compensable.

Section 3. Holiday Eligibility. All employees will receive up to eight (8) hours of holiday pay for recognized holidays in Section 1 above, pursuant to (A), (B) and (C) below. Holiday pay shall be based on an eight (8) hour day.

  1. Full time employees shall receive eight (8) hours of holiday pay, provided they are in pay status at least one-half (1/2) of the last work day before the holiday and one-half (1/2) of the first work day after the holiday.
  1. Part-time and hourly employees shall receive a prorated share of the eight (8) hours of holiday pay based on the same percentage, or fraction of month as they are normally scheduled to work. To be eligible for this pay, such employees must be in pay status at least one- half (1/2) of the last scheduled work day before the holiday and one-half (1/2) of the first scheduled work day after the holiday, provided such scheduled work days occur within seven (7) calendar days before and after the holiday.
  1. Seasonal part-time and seasonal full time hourly employees will receive a prorated share of the eight (8) hours of holiday pay based on the number of hours actually worked as compared to the total number of possible work hours in the month or pay period. The holiday shall not count as part of the total possible work hours in the month or pay period or the total hours worked and shall be calculated as follows:

total hours worked x holiday hours in the month total hours in month or pay period

To be eligible for this pay, such employees must be in pay status at least one-half (1/2) of the last scheduled work day before the holiday and at least one-half (1/2) of the first scheduled work day after the holiday, provided such scheduled work days occur within seven (7) calendar days before and after the holiday.

Note: Nothing in this Article herein is intended to change the Employer’s practice with respect to scheduling and closures permitted under this Agreement nor the granting of paid leave during such times.

  1. Transfers to and from another university:
  1. When compensable, non-work days such as a holiday, sick leave or vacation leave come between the separation date in the losing university and the subsequent hire date in the gaining university, the gaining university is liable for all of the compensable non-work days.
  1. The beginning date of employment in the gaining university must be the first compensable non-work day following separation from the losing university.

Section 4.  Work on a Holiday.  Employees required to work on days recognized as holidays which fall within their regular work schedules shall be entitled, in addition to their regular monthly salary, either to receive compensatory time off or to be paid in cash at the employee’s request, at the rate of time and one-half (1-1/2), and no more.

Section 5(A)(1). Observance. When a holiday specified in Section 1 of this Article falls on a Saturday, the preceding Friday shall be recognized as the holiday. When a holiday specified in Section 1 of this Article falls on a Sunday, the following Monday shall be recognized as the holiday.

(2) With the addition of Christmas Eve Day as a holiday at some universities (in lieu of Veterans’ Day), paragraph (A) (1) of this Section results in Christmas Day and Christmas Eve Day being recognized on the same day when Christmas Day falls on a Saturday or Christmas Eve Day falls on a Sunday. To ensure that employees receive the benefits of both holidays, the parties agree that when Christmas Day falls on a Saturday or Christmas Eve Day falls on a Sunday, the preceding Friday will be recognized as Christmas Eve Day and the following Monday will be recognized as Christmas Day.

(B)       However, the parties recognize that some positions must be staffed on each and every holiday, and that employees in these positions cannot be released from duty on those holidays. Paragraph (A) of this Section shall not apply to employees in these positions and the holiday shall be observed on the actual day specified in Section 1. Employees filling such positions will be notified in writing prior to hiring or when their work assignment is changed that they may have to work on certain holidays.

Section 6.  Leave Accounts.  An employee’s leave account shall not be charged for a holiday that occurs during the use of earned vacation or earned sick leave.

Section 7.  Work Out-of-Class.  Employees assigned to work out-of-classification in accordance with Article 20 - Differentials, shall receive holiday pay at the higher rate of pay, if the holiday falls during his/her work out-of-classification assignment.

Section 8(A).  Holiday Scheduling. Work assignments for holidays shall be prepared in advance of the holiday and when work is available, employees shall be given an opportunity to request to either work or be off.  Such requests shall be granted to the extent possible in keeping with the operating needs of the work unit. When all requests cannot be granted within a classification and within a work unit, they shall be granted on a rotating basis so that each employee’s desires will be met as many times as is possible for each year, subject to Paragraph F of this Section.

  1. Whenever practicable, employees shall be notified of holiday work schedules at least thirty (30) calendar days in advance but in no instance shall there be less than fifteen (15) calendar days advance notice of such work schedules except in situations over which the university has no control.
  1. All employees will receive compensatory time off for all holiday time earned unless an employee elects to receive cash.  If an employee wishes to receive cash rather than compensatory time off, he/she must request this method of compensation no later than three (3) calendar days after notification of holiday work schedules.
  1. (PSU).   For those employees whose work shift spans midnight, the holiday shift is the one (1) starting on the calendar holiday.
  1. If an employee requests and is approved to work a regular 4-10 work schedule and a holiday falls on their scheduled work day, the employee, in consultation with their supervisor, shall have the options of:
  1. flexing their schedule to work five (5) eight (8) hour days in the week in which the holiday occurs;
  1. maintaining their 4-10 schedule and using two (2) hours of accrued time on the day on which the holiday falls;
  1. maintaining their 4-10 schedule and taking two (2) hours of Leave Without Pay.

If a university’s operations require an employee to work a 4-10 schedule, and a holiday falls on a scheduled work day, the employee shall be paid ten (10) hours for the holiday.

  1. If an employee requests time off on a holiday, subject to the operating needs of the university, that time will be granted.   If two (2) or more employees request the same holiday off and the matter cannot be resolved by agreement of the employees concerned, the employee having the greatest length of service with the university shall be granted the time if requested by the employee in writing; provided however, that an employee shall not be given this length of service consideration more than once in every two (2) years for any given holiday.