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SUBJECT:
Clarification of issues regarding holidays for state employees. |
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| 2.0 |
EFFECTIVE DATE:
June 20, 2005 |
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| 3.0 |
DISTRIBUTION:
State HR Directors |
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| 4.0 |
FROM: Jack
E. Rickerson, Director DATE:
June 20, 2005 |
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| 5.0 |
PURPOSE:
This Bulletin clarifies the policies and procedures of holiday pay for
state employees. The provisions of this Bulletin apply to classified
employees and those unclassified employees covered by Executive Order
04-13. This Bulletin is being issued to update and clarify Bulletin 04-04
as a result of amendments to the personnel regulations that became
effective on June 5, 2005. Bulletin 04-04 is hereby revoked. |
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| 6.0
| BACKGROUND:
Bulletin 04-04 was issued in response to a number of questions regarding
specific provisions of K.A.R. 1-9-2. This Bulletin updates subsection 7.10
and adds a new subsection (7.12) on the impact of separating from state
service with respect to holiday credit in order to be consistent with the
amendments to the personnel regulation which were effective on June 5,
2005. |
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| 7.0 |
PROCEDURES:
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| 7.1 |
Holiday Terminology:
a) Holiday Credit: Holiday pay or holiday compensatory time for paid time
off at a straight-time rate. The holiday credit is based on the employee’s
work schedule for that day. For example, the holiday credit could be 4, 8,
9, 10, or 24 hours. Common SHARP earnings codes used for this are HDC
(adds to gross) or HCC (adds to the holiday compensatory time balance).
b) Holiday Compensation: Either holiday pay or holiday compensatory time
at a time-and-a-half rate for those hours worked on a holiday. Common
SHARP earnings codes used for this are HDP (adds to gross) or HCP (adds to
the holiday compensatory time balance).
c) Holiday Premium Compensation: Either holiday pay or holiday
compensatory time at a half-time rate for those hours worked on a holiday
that result in overtime. Common SHARP earnings codes used for this are HDV
(adds to gross) or HCV (adds to the holiday compensatory time balance).
d) Holiday compensatory time earned as a result of any of the three terms
defined in this subsection may only be used after it has been earned.
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| 7.2 |
Legal versus Officially Observed:
a) If an employee works on either the legal holiday or the officially
observed holiday, but not both, the day on which the employee works is
considered the holiday for the purpose of holiday compensation.
b) The officially observed holiday will still be the basis when
determining the hours of holiday credit to be given. If an employee works
on both the legal holiday and the officially observed holiday, the day in
which the employee works the most hours is considered the holiday. If the
employee works the same number of hours on both days, the employee will
receive holiday compensation for the day which is most advantageous for
the employee and will not receive holiday compensation for the other day
worked.
c) If the Governor designates two consecutive days during the normal
regular work week of Monday through Friday as a holiday (for example,
Thanksgiving holiday, Thursday and Friday) an employee who is required to
work on both days shall receive the appropriate holiday credit and holiday
compensation in accordance with K.A.R. 1-9-2 for both days.
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| 7.3 |
Holiday Pay for Non-exempt Employee
Working Full-time:
a) Holiday Credit is given.
b) The hours of holiday credit are equal to the number of hours the
employee is regularly scheduled to work on that day.
c) If the holiday falls on a day the employee is not regularly scheduled
to work, then the agency must determine the number of holiday credit hours
the employee shall receive based on hours the employee regularly works
(see 7.11 Holiday Credit – Non-standard Workweek).
d) If the employee works on the holiday, the employee shall also receive
holiday compensation (unless the employee is in overtime status – see 7.13
Working Overtime on Holiday section).
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| 7.4 |
Holiday Pay for Non-exempt Employee
Working Less Than Full-time on a Regular Schedule:
a) Holiday Credit is given if the holiday falls on a day the employee is
regularly scheduled to work.
b) The hours of holiday credit are equal to the number of hours the
employee is regularly scheduled to work on that day.
c) If the holiday falls on a day the employee is not regularly scheduled
to work, the employee will not receive holiday credit.
d) If the employee works on the holiday, the employee shall also receive
holiday compensation (unless the employee is in overtime status – see 7.13
Working Overtime on Holiday section).
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| 7.5 |
Holiday Pay for Non-exempt Employee
Working Less Than Full-time on an Irregular Schedule:
a) Holiday Credit is not given.
b) If the employee works on the holiday, the employee shall receive
holiday compensation (unless the employee is in overtime status – see 7.13
Working Overtime on Holiday section).
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| 7.6 |
Classified Temporary Employees:
a) Classified temporary employees do not receive holiday credit.
b) A classified temporary position as defined in K.A.R. 1-2-85 is a
position which is limited to not more than 999 hours of employment in a
12-month period and which does not affect the position limitation of an
agency. An employee in a temporary position is limited to a certain number
of hours in a year and must reapply each successive year for continued
employment.
c) All classified non-exempt employees, including classified temporary
employees, receive holiday compensation for working on the holiday (unless
the employee is in overtime status – see 7.13 Working Overtime on Holiday
section).
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| 7.7 |
Holiday Pay for Exempt Employees:
a) Holiday Credit is given.
b) If the employee works on the holiday, regardless of whether or not the
employee is compensated for working on the holiday, at a minimum, change
the default holiday credit earnings code (HDE) to Holiday Credit Holiday
Compensatory Time (HCC). This will allow the employee to take the holiday
at a later date while also providing for a day’s worth of pay.
c) If it is determined to payout the holiday credit that was banked, enter
Holiday Compensatory Time Payout (HTP) and the hours of Holiday Credit
that should be paid.
d) It is not a requirement to provide holiday compensation for an exempt
employee who works on the holiday. If it is determined to provide holiday
compensation in accordance with K.A.R. 1-9-2 (d)(2), the holiday
compensation may be entered in any amount (Holiday Pay or Holiday
Compensatory Time hours), depending on agency policy. Common SHARP
earnings codes used for this are HDP or HDF (adds to gross) or HCP or HCF
(adds to holiday compensatory time balance).
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| 7.8 |
Holiday Credit and Workers Compensation:
An employee who is receiving workers compensation wage replacement is
entitled to Holiday Credit based on the hours the employee is regularly
scheduled to work on that day, in accordance with the provisions of K.A.R.
1-9-2.
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| 7.9 |
Holiday Credit and Furloughs:
An employee who is being furloughed is entitled to Holiday Credit based on
the hours the employee is regularly scheduled to work on that day, in
accordance with the provisions of K.A.R. 1-9-2.
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| 7.10 |
Holiday Credit and Leave Without Pay:
Kansas Administrative Regulation 1-9-2(i) states, "An employee who is on
leave without pay for any amount of time either on the last working day
before a holiday or the first working day following a holiday shall not
receive holiday credit, unless approved by the appointing authority.” The
appointing authority has the ability to either approve or disallow holiday
credit in leave without pay situations.
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| 7.11 |
Holiday Credit – Non-standard Workweek:
a) Kansas Administrative Regulation (K.A.R.) 1-9-2 states, “For each
holiday, each full-time employee shall receive holiday credit equal to the
number of hours regularly scheduled to work, subject to the provisions of
paragraph (b) (2). ‘Holiday credit’ means pay or credit for paid time off
at a straight-time rate…”
b) Subsection (b)(2) of K.A.R. 1-9-2 states, “Each full-time employee who
works a nonstandard workweek shall receive the same number of holidays in
a calendar year as employees whose regular work schedule is Monday through
Friday….”
c) Examples (for full-time non-exempt employees):
- The holiday is on Friday. The employee’s normal work schedule is 10 hours
each day Tuesday, Wednesday, Thursday, and Friday. The employee should
receive 10 hours holiday credit on Friday.
- The holiday is on Friday. The employee’s normal work schedule is 12
hours each day Tuesday, Wednesday and Thursday. On Friday’s, the
employee is regularly scheduled for 4 hours. The employee should receive
4 hours holiday credit on Friday. - The holiday is on Friday. The employee’s normal work schedule is 4 hours
on Tuesday and 12 hours each day Wednesday, Thursday and Friday. The
employee should receive 12 hours holiday credit on Friday.
- The holiday is on Wednesday. The employee’s work week is 07:01 am –
07:00 am, Sunday through Sunday. The employee is scheduled to work both
Tuesday and Wednesday from 10 pm - 7 am, with a one hour unpaid lunch
break, on both days.
If the employee is not in overtime status, the employee will receive 8
hours holiday credit on Wednesday and 8 hours of holiday compensation on
Wednesday (for those hours worked from 10 pm Wednesday night through 7 am
Thursday morning). The employee would receive regular compensation
(non-holiday compensation) for those hours worked on Tuesday (10 pm
Tuesday night through 7 am Wednesday morning).
d) It is acceptable for an agency to make a policy call to switch
employees back to a standard 8 hour per day, 5 day per week, work schedule
during the week of a holiday to avoid issues with varying hours of holiday
credit. Notice to the employee must occur at least five days prior to the
beginning of the workweek.
e) It is acceptable for an agency to make a policy call to rearrange an
employee’s scheduled day off to avoid having to pay more than is normally
paid to an employee during the week that contains a holiday in accordance
with K.A.R. 1-5-24. For example, if the holiday is Monday and the employee
normally works 10 hours Tuesday through Friday, the agency may schedule
the employee’s day off for Tuesday. The result is the employee would
receive 10 hours Holiday Credit on Monday and 30 hours of Regular pay for
working 10 hours Wednesday, Thursday and Friday.
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| 7.12 |
Holiday Credit – Separation from Service:
a) Kansas Administrative Regulation 1-9-2 (j) states, “Any employee whose
last day
at work before separating from state service is the day before a regularly
scheduled holiday shall not receive holiday credit for the holiday.” The
phrase
“regularly scheduled” was added to this subsection so that unscheduled
holidays (such as the National Day of Mourning observed for the death of
former President Reagan in 2004) do not penalize employees who had already
made plans to separate from service before the unscheduled holiday was
declared.
b) Examples:
The scheduled holiday is Friday, November 11th. The employee requested his
termination be effective Saturday, November 12th because he thought he
would be paid holiday credit for Friday. After consulting with his HR
office, it is determined his last day of employment is Thursday, November
10th (either working or using leave). The effective date of the
termination is Friday, November 11th. The employee does not receive
holiday credit for the holiday on the 11th due to K.A.R. 1-9-2 (j).
- In the preceding example, if the November 11th holiday had been an
unscheduled holiday, the employee would receive holiday credit for that
holiday and the effective date of the employee’s termination would change
to November 12th. In these situations, please consult with KPERS to ensure
that these date changes do not adversely affect an employee’s KPERS
retirement benefits.
- The scheduled holiday is Friday, November 11th. The Monday – Friday
employee works or uses paid leave on Thursday, November 10th and also
works or uses vacation leave on Monday, November 14th. The effective date
of the employee’s termination would be Tuesday, November 15th. Since the
employee was in pay status on November 10th and 14th, the employee would
receive holiday credit for the November 11th holiday.
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| 7.13 |
Working Overtime on the Holiday:
a) When an employee is in overtime status for the entire holiday, the
employee is compensated by recording overtime or compensatory time (not
holiday compensatory time). Use SHARP earnings code OTP (Overtime) or CME
(Compensatory Time Earned). The employee is not paid holiday compensation
(such as HDP); however, the employee must be paid a holiday premium at the
one-half time rate for those overtime hours worked on the holiday (such as
HDV or HCV).
b) When an employee is in overtime status for part of the holiday, the
employee is compensated by recording overtime or compensatory time for
those hours worked over the FLSA threshold on the holiday. The employee is
paid holiday compensation (such as HDP) for those hours worked prior to
being in overtime status on the holiday. The employee must be paid a
holiday premium at the one-half time rate only for those overtime hours
worked on the holiday (such as HDV or HCV).
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| 8.0 |
REFERENCES:
• K.A.R. 1-9-2 Holidays: /ps/documents/regs/art-9.htm#1-9-2
• Time and Leave Computer Based Training, Holiday Time Reporting Section:
http://da.state.ks.us/sharp/CBT-intro.htm
• Earnings Code Spreadsheet: http://da.state.ks.us/sharp/documents/default.htm
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| 9.0 |
CONTACT PERSON: Kraig
Knowlton at kraig.knowlton@da.ks.gov or (785) 296-1082 or Brent
Smith at brent.smith@da.ks.gov or (785) 296-1432.
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