Established: March 8, 2001
Q1: How does the employment condition affect employee eligibility for holiday pay?
The employment condition has two components; the "hours of work" (FT, PT or Intermittent) and the "employment status" (Unlimited, Seasonal, Temporary or Emergency). The "employment status" determines eligibility, and the "hours of work" determine how the number of holiday pay hours is calculated. Under the AFSCME Agreement, all employees who are properly placed in the bargaining unit are eligible for holiday pay regardless of the employment condition assigned (Sec. 1).
NOTE: Eligibility varies for employees in other bargaining units (MAPE, MMA, Commissioner??s and Managerial Plan) and the employment condition may have a different impact.
Unlimited, Seasonal, Temporary and Emergency employees (full-time and part-time) are entitled to holiday pay if they work or are in pay status on the "normal work day before" and the "normal work day after" the holiday. Employees are "in pay status" if they work or use paid leave for any portion of the workday (this standard applies to all employment conditions). Leave without pay in a specific pay period does not change the eligibility of FT and PT employees for holiday pay (if the employee is in pay status on the normal work day before and the normal work day after the holiday).
Intermittent employees receive holiday pay if they work the "day before" and the "day after" the holiday; or if they work on the holiday. Since these employees do not have a normal re-occurring work schedule, the day before and the day after the holiday are the last scheduled day for the operation before, and the first scheduled day for the operation after the holiday.
The employment condition does affect eligibility for the floating holiday (Sec. 2C).
- FT and PT Unlimited employees are eligible for one floating holiday per fiscal year.
- FT and PT Seasonal employees are eligible for only one floating holiday per season.
- Intermittent employees (unlimited and temporary) are eligible for a floating holiday if they have worked at least 91 days in that fiscal year.
- Temporary and emergency employees are not eligible for a floating holiday.
Q2: How does the employment condition of employees affect the number of holiday pay hours to be paid?
Full-time employees (except those who work part-time in the summer) are eligible for FT holiday pay consistent with Sec. 7, computed at the employee??s normal day??s pay (i.e., the employee??s regular hourly rate of pay multiplied by the number of hours in his/her normal work day).
FT Unlimited employees who work full-time during the academic year and part-time during the summer are eligible for holiday pay based on the schedule in effect at the time the holiday occurs. If the holiday falls during the academic year when the employee is scheduled full-time, then the employee is eligible for full-time holiday pay. If the holiday falls during the summer when the employee is scheduled part-time, then the holiday pay is prorated in accordance with the MnSCU Supplement, Part 1, Item 11.
Part-time employees who normally work less than 72 hours per pay period have their holiday pay prorated consistent with the MnSCU Supplement, Part 1, Item 11.
Intermittent employees who work on the holiday receive one hour of holiday pay for each hour actually worked, not to exceed eight (8) hours for a single holiday. Holiday pay for all other intermittent employees is prorated consistent with the MnSCU Supplement, Part 1, Item 11.
Q3: How is holiday pay prorated for part-time and intermittent employees who have not worked three pay periods in order to calculate an average for proration purposes consistent with the MnSCU Supplement, Part. 1, Item 11?
If the employee works on the holiday, the employee receives one hour of holiday pay for each hour actually worked, not to exceed 8 hours for any single holiday.
For new or recalled part-time employees, apply the number of hours worked in the pay period in which the holiday occurred to the chart in Appendix B consistent with Sec. 7 of the Master Agreement. For example, a new or recalled employee who worked 48 hours in the pay period in which the holiday occurred receives 4 hours of holiday pay.
For other part-time employees and intermittent employees, calculate the average of the hours worked in the previous three (3) pay periods and apply the resulting average to the chart in Appendix B1 (MnSCU Supplement, Part 1, Item 11).
- Example 1: an intermittent employee who has not worked any hours in the immediately preceeding three pay periods would not receive any holiday if called in to work during the pay period in which the holiday occurs.
- Example 2: a part-time unlimited employee with an erratic schedule who worked 16, 24, and 32 hours in the previous three pay periods would receive 2 hours of holiday pay for each holiday by applying the average of 16 hours to Appendix B1.
- Example 3: a part-time academic year seasonal employee recalled in the pay period in which Labor Day falls, is prorated based on an average of the hours worked the last three pay periods prior to their seasonal layoff in the previous academic year.
Q4: If the holiday occurs on a scheduled day of work, how many hours of holiday pay are FT employees eligible for when they work an alternative work schedule of four??10 hour days, or four-9 hour days and one-4 hour day?
Employees on a work schedule of four-10 hour days are eligible for 10 hours of holiday pay because it is the number of hours in their normal work day consistent with the first line of Sec. 7.
Employees on a work schedule of four-9 hour days and one-4 hour day are eligible for 9 hours of holiday pay on the days of the week that they are scheduled to work 9 hours, and 4 hours of holiday pay on the remaining day when they are scheduled to work 4 hours.
If the holiday occurs on a scheduled day off, full-time employees will receive 8 hours of holiday pay that will be liquidated. Part-time empoyees will receive the prorated amount of holiday pay as described above that is also liquidated. The Appointing Authority may choose to liquidate the holiday pay in cash. If the Appointing Authority decides not to pay cash for the holiday, the employee may choose to receive the holiday as either vacation or compensatory time.
Q5: How is holiday pay calculated for employees with multiple concurrent appointments (i.e., an employee with a .40 FTE PT unlimited appointment and a .45 FTE PT Seasonal appointment)?
Each appointment should be prorated separately. The work schedule may be quite different for the two appointments or the appointments may be in different bargaining units. Prorating separately appropriately allows these factors to be applied to each appointment. As a result, eligibility should be determined and holiday pay calculated separately for each appointment based on the individual work schedule for each appointment.