Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours.
(b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.
Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.
c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday.
10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
10.7 Off duty day upon which the employee does not work:
a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.
b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay.
10.8 Public holidays falling during leave:
a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
GENERAL HOLIDAYS 8.01 The following days shall be considered as General Holidays. An employee’s pay for a general holiday shall be as set out in Articles 8.03 and 8.04 below and Article 6.03: New Year’s Day Labour Day Xxxxx Xxxx Day Thanksgiving Day Good Friday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday and any other day or portion of a day generally observed by the retail grocery and meat stores and designated as a holiday by the Company.
8.02 In order for a full-time or part-time employee to receive pay for a general holiday, they must:
(1) not have been voluntarily absent from work on the scheduled work day prior to and following such holiday;
(2) have worked their full, regular designated weekly hours for the week in which holidays, a holiday, or portion of a holiday occur, except for bona-fide illness. Any employee on leave of absence (except employees disentitled for general holiday pay as set out in the following paragraph) granted by the Company, at the request of the employee, shall not qualify for a general holiday with pay if they are absent on both their last scheduled work day prior to, and their first scheduled work day following the general holiday. Any employee receiving a payment under the Company’s Weekly Indemnity Benefit Plan, or Workers Compensation, for the full week in which the General Holiday(s) occurs, and requests for time off for vacation purposes as set out in Article 11.16, shall not be entitled to general holiday pay.
8.03 Eligible full-time employees shall suffer no reduction in their pay for a general holiday as set out in 8.01 above.
8.04 Eligible part-time employees shall be compensated as follows:
(a) All part-time employees who have been employed thirty (30) calendar days or more and have worked an average of at least thirty-two (32) hours or more per week in the four (4) weeks preceding the week in which a general holiday occurs, shall receive eight (8) hours’ pay at their regular, hourly rate for each holiday.
(b) All part-time employees who have been employed thirty (30) calendar days or more and have worked an average of at least twenty (20) hours a week, but less than thirty-two (32) hours per week in the four
Holidays Falling on Saturday or Sunday For an employee whose 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 some other day, the following Monday shall be deemed to be the holiday for the purpose of this agreement; when a holiday falls on a Sunday and it is not proclaimed as being observed on some other day, the following Monday (or Tuesday, where the preceding section already applies to the Monday), shall 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.
Holiday Leave Holiday leave provisions shall be as noted below:
9.9.1 Employees in the bargaining unit shall be entitled to the following holidays with pay providing the employee is in a paid status the immediate work day before or the immediate work day following such holiday: New Year’s Day Xxxxxx Xxxxxx Xxxx’x Birthday Xxxxxxx’s Birthday Washington’s Birthday Native American Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day before Christmas Christmas Day December 31
9.9.2 Regular employees of the District who are not normally assigned to duty during the school holidays during Christmas recess shall be paid for those holidays received by regular classified employees provided they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.
9.9.3 It is agreed by the parties that there shall be five (5) additional Board granted local classified holidays each fiscal year of this contract that will be granted during the holiday recess period for all classified employees.
9.9.4 It is agreed that certain positions or classes within the Police, Payroll and Information Technology Services may be required, due to business necessity, to perform services on Board holidays during the Christmas recess period. The District shall notify the Union by November 1, concerning the positions, classes and individuals affected. Any employee required to work on such holidays shall be compensated at the overtime rate of time and one-half (1.5) in addition to his/her regular salary.
9.9.5 When a holiday falls on a Sunday, the succeeding workday not a holiday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding workday not a holiday shall be deemed to be the holiday in lieu of the day observed.
9.9.6 Should a holiday as enumerated above or any other day designated by the Governing Board as a public holiday occur while an employee is absent from work because of sick leave, vacation, or any other paid leave of absence, the holiday shall be considered as time worked and shall not be deducted from his/her other paid leave of absence.
9.9.7 Employees shall be entitled to the same number of holidays, regardless of whether they work Monday through Friday or some other shift.
9.9.8 An employee required by his/her supervisor to work on a holiday shall receive time and a half in addition to his/her regular day’s pay for work on the holiday. If the employee does work and is paid overtime for working on a holiday, he/she shall not receive an additional day off.
9.9.9 Where a holiday falls on a non-work day for an employee in the classification of Police Services Officer, that employee will be paid time and one-half in addition to regular salary for the first non-holiday workday following the holiday. That day will be designated as the alternate holiday on the employee’s monthly absence report, and he/she shall not receive an additional day off.
9.9.10 Where a holiday falls on a non-work day for a classified employee, the employee will be given time off in-lieu of the holiday at the same ratio as their work schedule bears to full-time employees, within the same pay period (currently calendar month). The in-lieu time off may be before or after the actual holiday. If, due to business reasons, it is not possible to schedule the in-lieu time off within the same pay period, the in-lieu time off may be taken no later than the next pay period (currently calendar month). Such arrangement must be with the concurrence of the employee and the supervisor. The amount of in-lieu time the employee is to be given will be the ratio of the employee’s total work schedule to the hours given a full-time employee. The actual shift hours and/or days the employee works is irrelevant for calculating in-lieu time off.
Example 1 An employee works 50% time (20 hours per week), with shifts of Monday – Thursday 5 hours each day. The employee will be granted 4 hours of holiday in-lieu time for each holiday that falls on a Friday. This is calculated by multiplying the percent of time worked (or FTE) by 8 hours for the holiday. 50% X 8 hours = 4 hours Example 2 – An employee works 60% time (24 hours per week), with shifts of Monday and Friday 8 hours each day, and Tuesday and Wednesday 4 hours each day. The employee will be granted 4.8 hours of holiday in-lieu time for each holiday that falls on a Thursday. This is calculated by multiplying the percent of time worked (or FTE) by 8 hours for the holiday. 60% X 8 hours = 4.8 hours Holiday in-lieu time off may be combined with accrued vacation time to allow for entire shifts off. All holiday in-lieu hours are to be noted on the absence report in the month taken by using the “HL” notation in the appropriate box.
9.9.11 Pay warrants for December will be distributed between 1:00 p.m. and 5:00 p.m. at the locations’ business offices on any regular payday which falls on a day designated for close down, or, which falls on a day other than a legal holiday as specified within the Education Code.
9.9.12 Employees in the classification of Police Services Officer will be required to work on any holiday that falls on a regularly scheduled workday. They will be paid time and one-half in addition to regular salary for all holiday work. If two or more officers regularly work the same day and hours (double coverage), one may elect to observe the holiday. The officer with the highest seniority date electing to observe the holiday will be granted holiday leave. Officers will be permitted to arrange for voluntary substitutes for their holiday shifts from the employees employed as Police Services Officers.
Legal Holidays In any case where 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.
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.
Paid Holidays – Long Weekends (a) When an employee is scheduled to work a weekend where a paid holiday falls on the Monday or the Friday, the Employer shall endeavour to also schedule the employee to work the paid holiday.
(b) When the employee is scheduled off on a weekend where a paid holiday falls on the Monday or the Friday, the Employer shall endeavour to schedule the employee off the paid holiday.
(c) In the event of a scheduling conflict, 12.07 (a) will be the deciding provision.
