| Upon further analysis, it has been determined when
eligible KOSE covered non-exempt employees work a partial day on
the holiday, part of the holiday credit should count as hours worked
for FLSA overtime purposes and part should not. We also introduce
a scenario in which an employee is scheduled to work the holiday,
but calls in sick. In addition, we’ve requested the FLSA Holiday
Credit Earnings code descriptions be updated.
Below is an updated version of SHARP
Message 722 that addresses these three additional issues:
Updated SHARP Message 722: FLSA Holiday Credit
Section
We have recently visited with the Director of Labor Relations and
would like to issue a clarification for the FLSA Holiday Credit
section of SHARP Message 722:
In Message 722, we indicated
all eligible KOSE covered non-exempt employees would receive the
FLSA Holiday Credit earnings code regardless of the hours worked
during the holiday week.
The clarification is that an eligible KOSE covered non-exempt employee
should receive the FLSA Holiday Credit earnings code (HOO, HOC,
HON) only if the eligible employee did not work on the holiday.
If the eligible KOSE covered non-exempt employee did work on the
holiday, the employee should receive one of the traditional Holiday
Credit earnings codes (HDC, HCC, HCN).
Updated 06/02/08: If the eligible KOSE covered
non-exempt employee works a partial day (not a full day) on the
holiday, the employee should receive one of the traditional Holiday
Credit earnings codes (HDC, HCC, HCN) and one of the FLSA Holiday
Credit earnings codes that count as time worked for overtime purposes
(HOO, HOC, HON). In this scenario, the hours worked on the holiday
and the traditional holiday credit earnings code should be equal.
The remaining holiday credit hours should be the difference between
the hours worked on the holiday and the total holiday credit hours.
For example, if the employee is normally scheduled to work 8 hours
on Mondays and the holiday is Monday, but the employee works only
3 hours on the holiday, then the traditional holiday credit hours
should be 3 hours and the FLSA holiday credit should be 5 hours.
Keep in mind, this scenario is for those eligible KOSE covered non-exempt
employees who work only a partial holiday.
Updated 06/02/08: If an eligible KOSE covered non-exempt
employee calls in sick on a holiday, the holiday credit should remain
as a traditional Holiday Credit earnings code (such as HDC, HCC,
HCN). Agencies should follow their policies on recording leave usage
when employees call in sick on the holiday.
Updated 06/02/08: In addition, we’ve requested
the Descriptions for HOO, HON, and HOC be changed so that it encompasses
both the provision of KAR 1-5-24 and the KOSE MOA.
Following are the new descriptions:
HON: Holiday Credit-Pd-NotSchd-FLSA
HOO: Holiday Credit-Paid1.0 - FLSA
HOC: Holiday Credit-Comp1.0 - FLSA
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