AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Holiday and Premium Pay
Of the 10 federal holidays each year, six are always celebrated on a Monday. Federal employees are paid for holidays that fall on a workday but on which the employee is not required to work. When employees are required to work on holidays, they are entitled to premium pay for their work on that day that is not overtime work. Some employees whose basic workweek of five workdays is Monday through Friday are granted days off “in-lieu-of” holidays when holidays fall on weekends. Employees whose basic workweek of five workdays is other than Monday through Friday enjoy corresponding benefits. A part-time employee of the Veterans’ Administration (VA) had a regular workweek of Sunday through Thursday. Between December 15, 2009, and May 16, 2016, there were eight public holidays which fell on either Friday or Saturday. As a part-time employee he was not credited with an in-lieu-of holiday for any of those days, under a longstanding policy of the Office of Personnel Management (OPM), and he sued, challenging that practice. A federal appeals court rejected his claim, ruling that the applicable statute and Executive Order did not give part-time employees a right to in-lieu-of holidays when federal holidays fall outside their normal workweek. The term “basic workweek,” which appears in both the statute and Executive Order, refers only to full-time employees. Yanko v. U.S., #17-1177, 2017 U.S. App. Lexis 17172 (Fed. Cir.).
Arbitrator holds that management did
not violate the bargaining agreement when it did not give security employees
holiday pay for President Ford's funeral, even though they were provided
holiday pay for President Reagan's funeral. Payment for Reagan's funeral did
not establish a binding past practice. Caelum Research Corp. and White Sands
L-392, IAMAW, FMCS Case #07/003065, 125 LA (BNA) 541 (Halter, 2008).
Michigan arbitrators
interpret overtime and double-time holiday pay provisions in two different
bargaining agreements. City of Ecorse and IAFF L-684, AAA #54-390-00196-06, 123
LA (BNA) 550 (McDonald, 2006); City of Lansing and FOP L-141, FMCS #06/58541,
123 LA (BNA) 555 (Stratton, 2006).
The fact that an employer allows workers to earn
holiday benefits while on jury duty does not entitle an employee to accrue
those benefits while on military leave. Tully v. Dept. of Justice, #2007-3004,
2007 U.S. App. Lexis 6440 (Fed. Cir. 2007).
DoL rules that when a firefighter foregoes taking
a holiday, the holiday pay he receives for that holiday may be excluded from
calculation of the regular rate of pay for overtime purposes. Wage and Hour
Opin. Letter FLSA2006-18NA. {N/R}
FLRA decides that an employee who was otherwise
entitled to premium pay for working holidays and Sundays was not entitled to
supplemental compensation when he attended a conference in his capacity as a
labor union official. Engaging in representational activities does not
constitute the "work" of the agency, and was not compensable under
federal premium pay regulations. FAA and NATCA, #0-AR-3734, 2004 FLRA Lexis 89,
60 FLRA No. 7 (2004). {N/R}
Arbitrator orders a city to pay premium wages to
all police officers, and not just some, who worked in the aftermath of 9/11. If
premium pay was given to officers on one shift, "then it must be so for
the entire bargaining unit." City of Columbus, Ohio and FOP L-9, 119 LA
(BNA) 299 (Paolucci, 2003). [2004 FP May]
Arbitrator holds that a village did not violate
the bargaining agreement when it paid only detectives, who normally do not work
weekends, holiday pay for working on the Friday before a Saturday holiday, even
though language of the contract was not precise. The union had not attempted to
enforce similar payments for patrol officers for the last 16 years. Vil. of
Romeoville and Combined Counties Police Assn., 117 LA (BNA) 1392 (Goldstein,
2002). [2003 FP Apr]
Arbitrator rules that absent a definition
in the agreement, "holiday pay" begins and ends on the 24-hour period
between midnights, and not when a shift starts or ends that includes a holiday.
E.C.A. of Chicago and I.B.E.W. Local 134, 102 LA (BNA) 660 (Wolff, 1994). [1994
FP 170]
Federal appeals court upholds right of federal
police officers to receive premium pay for Sundays they did not work while on
annual or sick leave. Armitage v. United States, 991 F.2d 746 (Fed.Cir. 1993).
[1994 FP 41]
Employer wrongfully denied two workers premium
pay for holidays worked because they reported 16 and 55 minutes late. Contract
allowed denial for a failure to report for work, not tardiness. There was no
evidence the employees failed to complete their assigned duties during the
remainder of their shifts. Greensburg P.S. and SEIU L-585, 102 LA (BNA) 506
(Jones, 1993). {N/R}
Federal appeals court rules that federal police
officers are entitled to prescheduled Sunday premium pay, even when on sick
leave or annual leave. Armitage v. U.S., #92-5157, 31 (1511) G.E.R.R. (BNA) 526
(Fed.Cir. 1993). [1993 FP 89]
Leave with pay statutes overcome the limitation
that employees must actually have worked the hours to have them counted in the
overtime provisions. Lanehart v. Horner, 818 F.2d 1574 (Fed.Cir. 1987). [1993
FP 89]
Public employees could not be forced to charge
M.L. King Day to vacation time when government offices were closed. Yates Co.
Emplees. Unit CSEA L-862d and County of Yates, N.Y. PERB #U-9214, 26 (1250)
G.E.R.R. (BNA) 202 (1/15/88).
M.L. King Day is not a “legal” holiday because
governor proclaims it a day of remembrance. Pullano v. City of Bluefield, 342
S.E.2d 164 (W.V. 1986).
City violated its past practice of scheduling
work on holidays. City of Madison v. AFSCME Local 60, 369 N.W.2d 759 (Wis. App.
1985).
See also: Fair Labor Stds.
Act (several subtopics); Pay Disputes; Pay Parity; Stand-by Pay Claims.