Application of OM 23.1 Holiday to Part-Time P&S Staff
This memo is intended to clarify the application of the Operations Manual provision regarding Holidays to the part time Professional and Scientific staff. Where this is different from any past practices that may have developed, you should communicate the effect of the change with the staff members impacted, and take any steps required to apply this interpretation prospectively.
The salient points of the Operations Manual are as follows:
a. …Staff members with permanent and continuous appointments, on a full- or part-time basis, are entitled to holiday pay in proportion to their fraction of service…
b. Paid Holidays.
(1) Members of the University staff are eligible for 11 paid holidays a year -- two personal holidays that accrue and are taken as vacation, New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday following Thanksgiving, Christmas Day, and an additional day near Christmas designated in the official University calendar.
6) If a University holiday falls on a staff member's regular day off, where the individual is covered by the Fair Labor Standards Act, he or she will be given another day off within the next pay period if at all possible or will be paid for the holiday if the compensatory time cannot be scheduled. Whenever possible and feasible, department heads and supervisors should decide whether a staff member will be paid for a holiday or given time off at a later date in accordance with the wishes of the staff member.
[Note: Most Professional and Scientific staff members are not covered by the Fair Labor Standards Act.]
The key principles of this policy are that the University recognizes nine (9) scheduled holidays, and that the holiday benefit is to be prorated to the employee’s status as full or part time. The benefit is to be provided regardless of whether the holiday observance falls on the individual’s work day or on a scheduled day off. It is important then that our practices are consistent with these principles.
In regard to the proration of the individual holiday benefit, the standard benefit for each holiday has been defined by practice as eight (8) hours of paid leave for a full time staff member. This is the amount of vacation accrual incorporated as annual leave for each of the two personal holidays, and represents the maximum benefit for full time staff for each named holiday. Those departments with full time staff members working extended shifts, e.g.10-12 hours, may consider adjusting individual work schedules during holiday periods or the individual may supplement their eight (8) hours of holiday benefit with accrued vacation, if they are off work during an extended shift to observe the holiday.
Similarly, the benefit provided to part time staff should be prorated by their percent of appointment against the standard eight (8) hour benefit for a full time staff member. Where the holiday benefit is not sufficient to cover the period of absence from their normal work schedule, the employee and their department may modify their work schedule for the period around the holiday, or use additional accrued vacation as necessary to maintain their normal level of earnings. In cases where the holiday falls outside of the individual’s normal work schedule, this will result in a proportional holiday benefit to be scheduled and used as time off around the holiday, typically within the same work week, if possible. For the majority of professional and scientific staff, we would direct the holiday benefit to be used as time off, as they will continue to be compensated their normal salary amount. (Those covered by the FLSA have the option of payment.) Any holiday leave taken at times other than the date of the recognized holiday should be scheduled following the normal protocol for scheduling time away from work. Illustrative examples are included as an attachment to this document.
Finally, this holiday benefit must be applied in the context of these employees as salaried professionals who are paid for the body of work they are assigned and not paid hour for hour for their effort. Therefore, supervisors should make reasonable judgments in the accounting of holiday time in the context of the work environment and the overall effort provided by the individual staff member in relation to their percent of appointment.
If you have questions regarding this matter, please contact your Senior Human Resources Leadership Representative or University Human Resources.