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Section 8. Work on a Holiday.
A. Scheduling. If more employees in a work unit would normally be scheduled or are scheduled
to work on a holiday than necessary, and there are conflicts in requests for the holiday off, the
Appointing Authority shall grant the holiday off on the basis of State Seniority within or among
class(es) as determined by the Appointing Authority, provided that the Appointing Authority
retains the right to schedule employees with the ability and capacity to perform the job.
Of the employees who do not request the holiday off at least twenty-one (21) calendar days
prior to the holiday, the most senior employees based on State Seniority, within or among
classes as determined by the Appointing Authority, shall be assigned to work the holiday.
B. Payment. Any employee who works on any holiday provided by this agreement shall be paid
in cash at the employee's appropriate overtime rate for all hours worked, provided that the
payment for work on a holiday may be placed in the compensatory bank at the employee's
option.
In addition, the Appointing Authority shall determine whether holiday pay as provided in Section
7 shall be paid in cash or not. If the Appointing Authority does not choose to pay the holiday in
cash, the employee may choose to receive the holiday as vacation hours or compensatory
time. (The employee must be eligible to accrue and use vacation under the provisions of
Article 8 in order to choose to receive payment as vacation.)
Section 9. Religious Holidays. When a religious holiday, not observed as a holiday, as provided
in Sections 2 and 3 above, falls on an employee's regularly scheduled work day, the employee
shall be entitled to that day off to observe the religious holiday. An employee who chooses to
observe such a religious holiday shall notify the employee's supervisor in writing at least twentyone
(21) calendar days prior to the religious holiday. This notice requirement does not apply when
the employee chooses to use the floating holiday to observe the religious holiday.
Time to observe religious holidays shall be taken without pay except where the employee has
sufficient accumulated vacation leave or accumulated compensatory time, has used a floating
holiday, or, by mutual consent, is able to make up the time.
ARTICLE 8 - VACATION LEAVE
Section 1. General Conditions.
A. Eligibility. All employees, except intermittent employees, emergency employees, and
temporary employees shall be eligible employees for purposes of this Article. However,
intermittent employees shall accrue vacation leave after completion of sixty-seven (67) working
days in any twelve (12) month period. Eligible employees appointed to emergency or
temporary status from a layoff status shall continue to be eligible to accrue vacation leave.
B. Use. An employee may not use vacation until completing six (6) months of continuous service
in a vacation eligible status. However, intermittent employees may use vacation after six (6)
months from the date of hire. Eligible employees appointed to emergency or temporary status
from a layoff status shall continue to use vacation leave.
An employee who is reinstated or reappointed within four (4) years to state service may use
accrued vacation in the first six (6) months of continuous service in a vacation eligible status, if
the employee previously completed six (6) months of continuous service in a vacation eligible
status.
2013-2015 AFSCME Contract – Page 13