Common use of Cancellation and Rescinded Cancellation of H Days Clause in Contracts

Cancellation and Rescinded Cancellation of H Days. a. If an employee receives notice of the cancellation of their H Day, which is not being taken in conjunction with approved leave, as provided in Section B.1 and C.2.b of this Article, the employee shall receive four (4) hours of pay (hereinafter “penalty pay”). The penalty shall apply even if the cancellation of the H Day is rescinded by the Department. If the cancellation is rescinded, and the employee is not compelled to work, the relief for the rescinded cancellation is limited to the penalty pay. b. If the employee is compelled to work on their H Day due to a cancellation, in addition to the penalty pay, the employee shall be entitled to reschedule the substitute day off within the same work period as the originally scheduled H Day, subject to manpower constraints, as follows. If the employee can reschedule the substituted day off on the same day of the week as the cancelled H Day, he/she shall take that day off. If the employee is unable to reschedule the substituted day off on the same day of the week within the same work period, the employee shall have the option either of taking the substituted day off or receiving pay for the cancelled day at his/her regular rate of pay for the H Day that was forfeited in addition to the penalty pay discussed above. c. In order to avoid cancellation of H Days for all employees, the Department may cancel H Days only for certain employees or classes of employees.