2019 - 2023 Local 39 Memorandum of Understanding: Article 10: Holidays

International Union of Operating Engineers, Stationary Engineers - Local 39

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10.1 Holidays – Paid

The County shall provide full-time and part-time County employees the following paid holidays provided that the employee is in paid status on the employee's regularly scheduled workdays before and after the holiday. All holidays shall be reduced proportionately by any unpaid time in the pay period in which it is earned.

New Year's Day, January 1^st *
Martin Luther King, Jr.'s Birthday, the third Monday in January
Lincoln's Birthday, February 12^th *
President's Day, the third Monday in February
Cesar Chavez Day, March 31^st *
Memorial Day, the last Monday in May
Independence Day, July 4^th *
Labor Day, the first Monday in September
Veteran's Day, November 11^th *
Thanksgiving Day, as designated by the President
The day following Thanksgiving Day
Christmas Day, December 25^th *
Each day appointed by the Governor of the State of California and formally recognized by the Board of Supervisors of Sonoma County as a day of mourning, thanksgiving, or special observance.

*Date Specific Holidays

10.2 Holidays – Observed

If a date-specific holiday listed in Section 10.1 falls on a Saturday, the preceding Friday shall be the County observed holiday. If a date-specific holiday falls on a Sunday, the following Monday shall be the County observed holiday. All date-specific holidays listed in Section 10.1 shall be observed on the date specified in Section 10.1.

10.3 Holidays – Compensation Full-Time Employees

A full-time employee whose assigned work schedule does not include the date-specific holiday or the observed holiday, shall observe the holiday (and not work) on one of the employee’s regularly scheduled work days during the same pay period as the County observed holiday or during the pay period immediately preceding or following the same pay period as the County observed holiday. All other full-time employees whose regular assigned work schedule includes the date-specific holiday or the observed holiday shall receive their regular eight (8) hours pay at their base hourly rate of pay. The County shall pay an employee who actually works on either the date-specific holiday or the County observed holiday listed in Section 10.1 at the overtime rate. The County shall compensate an employee who works on both the date-specific holiday and the County observed holiday listed in Section 10.1 at the overtime rate for one holiday and at straight time based on the employee’s base hourly rate of pay for the other holiday. Unless required by law, only one day shall be paid at the overtime rate of pay.

10.3.1

A full-time employee whose assigned work schedule does not include the date-specific holiday or the observed holiday shall either:

Observe the holiday (and not work) on one or more of the employee’s regularly scheduled work days during the same pay period as the County observed Holiday. This time can be taken in increments of one (1) hour or more up to the total holiday benefit of eight (8) hours per holiday, at the employee’s request with supervisor’s approval or:
Receive up to eight (8) hours of compensatory time in accordance with Section 8.12 Compensatory Time Off (CTO) Accrual or;
Receive eight (8) hours of holiday benefit paid at their base hourly rate, only if the employee’s compensatory time bank is at its max. Receipt of eight (8) hours of holiday benefit pay will not increase paid status hours for the purposes of cash allowance, premiums, overtime in Article 8 Hours of Work and Overtime.

10.4 Holidays – Compensation – Employees on Leave Without Pay

An employee on leave without pay who has paid leave remaining (including vacation, sick leave, or compensatory time), shall not be permitted to use that paid leave to demonstrate that the employee was in paid status on the employee's regularly scheduled workdays before and after the holiday as required by Section 10.1.

10.5 Holidays – Compensation Part-Time Employee

For each holiday listed in Section 10.1, each part-time employee shall receive holiday pay equivalent to 1/10^th of an hour for each hour regularly scheduled to be worked based on the employee's ongoing work schedule. If the employee's total hours in paid status (excluding the holiday benefit) exceed the hours regularly scheduled to be worked, the employee shall receive holiday pay equivalent to 1/10^th of an hour for each hour in paid status (excluding the holiday benefit). This holiday pay shall not exceed eight hours for each holiday nor, for a part-time employee, be less than 3.2 hours for each holiday in the pay period.

10.6 Floating Holiday

Each Bargaining Unit member will be granted eight floating holiday hours each calendar year, provided the employee is in paid status on the employee’s regularly scheduled workdays before and after the floating holiday. The timing of the employee’s use of the floating holiday shall be subject to advance approval of the Department Head or his designee. The floating holiday hours must be taken by the last full pay period paid in the calendar year and may not be carried over into the next calendar year. Further, there will be no cash out of floating holiday hours. Floating holiday hours must be taken in no less than 1/10^th of an hour increments.