Payment for Working on a Holiday (The following clause is applicable to full-time employees only)
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, to compensatory time off, or to be paid in cash as provided in Articles 32.1-32.5 (Overtime). Compensatory time off or cash paid for all time worked shall be at the rate of time and one-half (1 ½). The rate at which an employee shall be paid for working on a holiday shall not exceed the rate of time and one-half (1 ½) his/her straight time rate of pay.
Working on a Holiday An employee who is required to work on a holiday shall be paid at the rate of straight time plus time and one-half (1 1/2).
Annual Holidays All colleagues covered by this Agreement are entitled to holiday entitlement (inclusive of bank holidays) as set out in the table below. The entitlement is based on a working week of 40 hours across 5 days. Colleagues working other shift patterns will have a pro rata entitlement based on their contracted hours and length of service: Number of Years Service Total Holiday Entitlement in days (inclusive of bank holidays) Holiday Hours based on 40 hour contract In First 2 years’ Service 30 240 After 2 years’ Service 32 256 After 5 years’ Service 34 272 After 15 years’ Service 36 288 The increase in holiday entitlement will be effective from the start of the holiday year (1st April) following the service anniversary. Where a colleague takes a full holiday week, the deduction from their annual leave entitlement will be based on the colleague’s weekly contracted hours. For single day absences, the number of hours deducted from the annual entitlement will be the colleague’s weekly contracted hours divided by the number of contracted days. Holiday entitlement is to be taken in the period 1st April in each year to 31st March in the following year. All holidays must normally be taken within the appropriate holiday year and cannot be carried forward from one year to the next. However, and only in exceptional circumstances, the General Manager may authorise holidays to be carried forward. If a colleague does not book holidays when requested to do so the holidays may be allocated by the manager in order to avoid holiday “congestion” or the colleague losing holiday entitlement. Any occasion when the depot is closed will be counted as a day’s holiday for a colleague scheduled to work and automatically deducted from the annual holiday entitlement. This would normally happen on public holidays such as Christmas day, or in the event of planned closures. The table below provides a broad indication of the amount of holiday that colleagues should aim to take in each period. Depots will review holiday usage against these principles to ensure that holiday is taken by colleagues and there is no congestion at the end of the holiday year. April May June July August September 50% October November December 25% January February March 25% A colleague leaving the Co-op will receive payment in lieu of any holidays accrued but untaken. The Co-op will make the appropriate deductions for any holidays taken in excess of the amount accrued. Holiday Pay is calculated to ensure compliance with the Working Time Regulations: • From April 2020, holiday pay will be calculated based on average earnings over the rolling previous 52 weeks or Basic Salary, whichever is the higher. • If a colleague has less than 52 weeks service, holiday pay will be calculated based on their average earnings over the total number of weeks during which they have been employed by us or their Basic Salary, whichever is the higher. Note: average earnings will include all elements as required by law from time to time. Holidays will not be allocated but will be offered to colleagues on a ‘first come first served’ basis with maximum quotas set for each holiday week relevant to each Depot. As the holiday year runs from the 1st April until the 31st March the weekly quotas will be published at the beginning of February for the following year’s holiday entitlements.
Legal Holiday If the date on which any payment is due shall not be a Business Day, then (notwithstanding any other provision of the Notes or this Indenture) payment need not be made on such date but may be made on the next succeeding Business Day with the same force and effect as if made on the date on which nominally due, and no interest shall accrue for the period from and after any such nominal date.
Payment for Working Overtime on a Holiday Where an employee is required to work authorized overtime in excess of his regularly scheduled hours on a paid holiday, such employee shall receive twice (2x) his regular straight time hourly rate for such authorized overtime.
Compensation for Work on a Holiday (a) Where an Employee is regularly scheduled to work, in accordance with Article 14, and their regularly scheduled day of work falls on a paid holiday, as defined in Article 18.01, they shall receive compensation equal to two and one-half (2 ½) times their regular rate of pay as follows:
(i) compensation at one and one-half (1½) times their regular rate of pay, including the holiday pay, for the hours worked on the holiday; and
(ii) time off with pay in lieu of the holiday on an hour-for-hour basis at a mutually acceptable time in accordance with Article 18.11.
(b) Where time off with pay in lieu of the holiday has not been granted in accordance with Article 18.05(a)(ii), compensation shall be granted at the Employee’s regular rate of pay for those hours worked on the holiday.
Saturdays, Sundays, Holidays, etc If the last or appointed day for the taking of any action or the expiration of any right required or granted herein shall not be a Business Day, then such action may be taken or such right may be exercised on the next succeeding Business Day.
Holiday Falling on Saturday or Sunday For an employee whose normal workweek is from Monday to Friday and when any of the above-noted holidays falls on a Saturday and is not proclaimed as being observed on another day, the following Monday will be deemed to be the holiday. When a holiday falls on a Sunday and it is not proclaimed as being observed on another day, the following Monday (or Tuesday, where the preceding section already applies), will be deemed to be the holiday for the purpose of this agreement.
Saturdays, Sundays, Holidays If the last or appointed day for the taking of any action or the expiration of any right required or granted herein shall be a Saturday or a Sunday or shall be a legal holiday in the State of New York, then such action may be taken or such right may be exercised on the next succeeding day not a legal holiday.
