AFSCME 2005-2008 Contract

ARTICLE 14 - HOLIDAYS

Section 1.

The following days shall be holidays for employees:
New Year’s Day
Independence Day
Martin Luther King Day
Labor Day
Washington’s Birthday
Columbus Day
*Evacuation Day
Veteran’s Day
Patriots Day
Thanksgiving Day
Memorial Day
Christmas Day
*Bunker Hill Day
* Only in Suffolk County must this Holiday be celebrated on the day upon which it falls.

Section 2.

When a holiday occurs on the regularly scheduled workday of an employee, he/she, if not required to work that day, shall be entitled to receive his/her regular day’s pay for such holiday.

Section 3.

When a holiday occurs on a day that is not an employee’s regular workday, if the employee’s usual workweek is five (5) or more days he/she, at the request of the employee, may receive pay for one (1) workday at his/her regular rate of pay or one (1) compensatory day off with pay within one hundred and twenty (120) days following the holiday, to be taken at a time approved by the CEO.

Section 4.

An employee regularly scheduled to work on a holiday, and required to do so, shall be compensated at the rate of two (2) times his/her regular rate of pay. An employee not regularly scheduled to work on a holiday, but required to do so, or an employee who works overtime on a holiday, shall be compensated at the rate of two and one-half (2 ½) times his/her regular rate of pay. Any employee who works on a holiday may opt to take compensatory time in lieu of holiday pay within one hundred and twenty (120) days following the holiday. Such compensatory time shall be taken at a time approved by the CEO. (See Memorandum of Interpretation on Holiday Pay.) An employee may request an extension of up to forty-five (45) days, subject to approval by the CEO.

Section 5.

An employee not otherwise entitled to the Suffolk County holidays, pursuant to Section 1 above, and who is scheduled to work on such holiday, shall be entitled to one (1) workday off with pay in lieu of each of the Suffolk County holidays. Additionally, an employee who is not scheduled to work on a Suffolk County holiday, it the employee’s usual workweek is five (5) or more days, shall be entitled to one (1) workday off with pay in lieu of each of the Suffolk County holidays. Such day off shall be approved by the CEO and taken by the employee within one hundred and twenty (120) days. An employee may request an extension of up to forty-five (45) days, subject to approval by the CEO.

Section 6.

Whenever any holiday falls on a Sunday, such holiday shall be deemed to fall on the day following. Whenever any holiday falls on a Saturday, such holiday shall be deemed to fall on the day preceding. Such holidays shall be granted in accordance with and subject to the foregoing provisions of this Article. However, if an employee is scheduled to work on such a Saturday or Sunday, that workday shall be deemed to be the holiday in accordance with the preceding Section 4.

Section 7.

Whenever the CEO has been informed that any workday has, in whole or in part, been declared a skeleton day he/she shall determine, who among the employees shall be released with pay from the regularly scheduled duties for the duration of the skeleton day.

Section 8.

An employee who is on leave without pay or is absent without pay for any of his/her scheduled workday immediately preceding or immediately following a holiday shall not receive holiday pay or a compensatory day off for that holiday.

Section 9.

A unit member scheduled to work on a holiday and who fails to report as scheduled shall be recorded as absent without pay unless the unit member properly notifies the CEO at least one hour prior to the beginning of the scheduled tour of duty. In circumstances beyond the control of the employee such notice shall be made as early as possible on the day of absence. An employee who is granted paid leave for a holiday on which he/she is scheduled to work shall not receive holiday pay or a compensatory day off for that holiday.

Section 10.

In addition to any other benefits provided by this Agreement, employees who render service on New Year’s Day, Thanksgiving Day or Christmas Day shall receive a holiday differential of seventy-five cents ($0.75) per hour for each hour worked. Effective July 1, 2006, the shift differential received shall be one dollar and twenty-five cents ($1.25) per hour for each hour worked.

Section 11.

A regular part-time employee shall be granted holiday leave in the same proportion that his/her part-time service bears to full-time service.