HomeMy WebLinkAboutAgenda - 01-04-1993 - VIII-C 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 4, 1993
Action Agenda
Item #
SUBJECT: Personnel Ordinance Revision - Holiday Pay
DEPARTMENT: Personnel PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT:
Elaine Holmes, Personnel Director
1 - Draft Revised Article IV,
Section 4 .0, "Holidays TELEPHONE NUMBERS:
and Holiday Pay" Hillsborough - 732-8181
Durham - 688-7331
2 - Current Article IV, Mebane - 227-2031
Section 4 .0 Chapel Hill - 967-9251/968-4501
PURPOSE: To propose revision to the Holiday Pay section of the
Orange County Personnel Ordinance.
BACKGROUND: In response to proposals from the Sheriff and EMS,
County staff have completed a review of the holiday
pay policy. The review has focused on pay and time
off received for work on a County holiday.
The Personnel Ordinance currently provides that when
an eligible employee works on a holiday the employee
receives time and one half off for each hour worked on
the holiday in addition to regular pay.
Experience in the Sheriff' s Department and EMS has
been that current levels of staffing make it difficult
for the employee to take accumulated time off. To
help with this situation, the County has been paying
for the "one half" portion of the time and scheduling
the remaining time as time off.
Even with this arrangement, these departments have
continued to experience difficulty with the current
policy. Specifically:
-Employees accumulate time off which they have
difficulty taking because of work requirements.
-When such time off is taken, it results in
significant cost for overtime and temporary wages
to provide staff coverage for the time the
employee is off duty.
2
To respond to these issues, the draft revised
Personnel Ordinance section on Holidays and Holiday
Pay (Attachment 1) has been developed. It provides
that when an eligible employee works on a holiday the
employee receives holiday pay as well as pay for the
hours worked and does not receive time off.
The examples below compare the current policy and
draft policy as to compensation for hours worked on a
holiday.
EXAMPLE - CURRENT POLICY
Joe Smith is regularly scheduled to work
eight hours each workday. He works eight
hours on July 4, an Orange County holiday.
Mr. Smith receives his eight hours regular
pay and earns 12 hours time off (8 x 1 1/2 ) .
Under the current practice he is paid for
four of the 12 hours and takes the remaining
eight hours as time off.
EXAMPLE - DRAFT POLICY
Joe Smith works eight hours on July 4, an
Orange County holiday. Mr. Smith receives
eight hours holiday pay and eight hours
regular pay. He receives no time off at a
later date.
Two other key changes in the policy are:
-If the employee is required to work on a
holiday, he or she is guaranteed pay for at least
the regularly scheduled work hours.
(Item 4.4.3)
-If the County holiday falls outside of the
employee' s regular work schedule, the employee
receives holiday pay for the holiday and does
not receive time off on another date.
(Item 4 .3.5)
In summary, the employee under the current policy
receives 20 hours of compensation ( 12 hours as pay and
eight hours as time off) for eight hours worked on a
holiday. Under the draft policy, this would be
reduced to 16 hours compensation, all of which is
received as pay. The employee receives a better
benefit in that he or she is receiving an additional.
four hours pay instead of the time off which it has
been difficult to take.
The policy change results in cost savings in the
PArF 1-(1.-- 3
Sheriff' s Department and EMS. Based on full
staffing on holidays and the actual cost of time
off, the savings is estimated to be $50,000 to
$75,000. The savings is realized from reduced cost
for overtime and temporary wages.
There is an exception requested to the above proposal
for the Public Works department. Public Works has a
long standing practice of paying an employee who works
on a holiday for all of the compensation earned and
not providing time off. If a Public Works employee
works eight hours on a holiday, he or she receives pay
for the full 20 hours of compensation earned rather
than receiving 12 hours as pay and eight hours as time
off.
To provide a transition period for affected Public
Works employees to the new policy and also to provide
time to implement alternatives to requiring that the
affected employees work on holidays, it is proposed
that Public Works continue under the current policy
until January 1, 1994 and at that time implement the
revised holiday pay policy.
RECOMMENDATION: The Manager recommends the Board adopt the
Attachment 1 revision to the Personnel Ordinance
effective January 1, 1993 with the transition period
until January 1, 1994 for Public Works employees.
•
Attachment 1 4
DRAFT REVISED ARTICLE IV, SECTION 4 .0 OF
THE ORANGE COUNTY PERSONNEL ORDINANCE
4 .0 Holidays and Holiday Pay (Effective January 1, 1993 )
(New)This policy covers the observance and payment of
holidays.
4 . 1 Holidays
(Old 4.1 Orange County grants 11 holidays each year as
Revised) follows:
New Year' s Day Independence Day
Martin Luther King, Labor Day
Jr. ' s Birthday Thanksgiving Day
Easter Holiday - Day after Thanksgiving
Memorial Day V Christmas (3 days)
4 .2 Holiday Schedule
(Old 4.3) The holiday schedule is issued on a calendar year
basis to each department head. Department heads
post and advise employees of the holiday schedule.
4 .3 Holiday Pay
(Old 4.1 4 .3. 1 The County provides Holiday Pay for
Revised) Permanent employees, both Full Time and
Part Time (regularly scheduled at least 20 .
hours each workweek) . This includes an
employee appointed to a permanent position
serving a probationary period.
(Old 4.2 4 .3 .2 Temporary employees do not receive pay for a
Revised) holiday not worked.
(New) 4 .3.3 Holiday Pay is the equivalent of the
straight time pay for the employee' s regular
daily work hours.
Examples
For an employee Holiday Pay is the
regularly scheduled straight time equi-
to work: valent of:
8 Hours 8 Hours
12 Hours 12 Hours
4 Hours 4 Hours
p cam X135
, -2-
(Old 4 .5 4 . 3.4 To be eligible to receive Holiday Pay, the
Revised) employee must be in pay status the day
before and the day after the holiday.
(New) 4 .3 .5 The County Holiday Schedule is set for
those permanent employees whose regular work
schedule is Monday. through Friday.
When a County Holiday falls outside the
employee's regular work schedule, the
employee receives Holiday Pay for the
Holiday which falls outside of the work
schedule and does not receive time off.
In this way, each eligible employee receives
the 11 authorized holidays .
Example: Bernice Jones, Deputy Sheriff, is
scheduled to work Tuesday through Saturday.
The Memorial Day holiday falls outside of
her work schedule. She does not work on
Memorial Day. She receives Holiday Pay for
the Memorial Day holiday and does not
receive time off on another date.
(Old 4 .4) 4 .3.6 Holidays which occur during an employee's
Sick Leave or Vacation Leave are not charged
as Sick or Vacation Leave.
(New) Exception: For an EMS or Sheriff's
Department employee, approved leave is
required for any absence on a scheduled
holiday.
(Old 4 .9 4. 3 .7 Holiday Pay is not included in any lump sum
Revised) payment to an employee for accumulated
Vacation Leave upon separation.
4 .4 Pay for Holiday Worked
(New) 4.4. 1 The department head approves in advance
that the employee's services are required on
any scheduled holiday.
(Old 4. 8 4 .4 .2 Each eligible non-exempt employee under
Revised) the Federal Fair Labor Standards Act
(FLSA) who is required to work on a holiday
receives Holiday Pay as well as pay for the
hours worked on the holiday.
Example: Bob Smith, Telecommunicator, is
regularly scheduled to work 12 hours each
workday. Mr. Smith is required to work 12
hours on Independence Day. He receives:
6
-3-
-12 hours pay for the 12 hours worked
on the holiday and
-Holiday Pay (equivalent to 12 hours
straight time pay) for the holiday.
He does not receive time off for the holiday
worked.
4 .4 .3 If the hours worked on the holiday are less
(New) than the employee' s regularly scheduled
hours, the employee is paid for the
regularly scheduled hours.
Example: Bob Smith, Solid Waste Collector,
is regularly scheduled to work 8 hours each
workday. Mr. Smith is required to work 6
hours on Independence Day; that is, two
hours less than his regular work schedule.
He receives:
-8 hours pay for the 6 hours worked
on the holiday and
-Holiday Pay (equivalent to 8 hours
straight time pay) for the holiday.
He does not receive time off for the holiday
worked.
(New) 4 .4 .4 In urgent operating circumstances, the
Manager may authorize pay for holiday work
as provided in Item 4 .4 for an eligible FLSA
exempt employee.
(New) 4 .4.5 Holiday Pay is a separate consideration from
and has no bearing on overtime pay. An
eligible employee who works on a holiday
receives Holiday Pay and pay for the hours
worked as noted in Items 4 .4 .2 and 4 .4 . 3.
In addition, he or she receives overtime pay
for which eligible, if any. -
Attachment 2
CURRENT ARTICLE IV, SECTION 4.0 OF THE ORANGE COUNTY PERSONNEL ORDINANCE` S 7'
4 .0 HOLIDAYS
It shall be the policy of Orange County to grant
compensation for absence on certain holidays proclaimed by
the Board of Commissioners as holidays .
4. 1 Employees appointed, full-time permanent, part-time
New permanent, or in probationary status , shall receive
4.3.1 regular compensation for the following holidays , or
Revised any other day proclaimed by the Board of Commissioners
as a holiday:
New 4.1 New Year' s Day Labor Day
Martin Luther King' s Birthday Thanksgiving Day
Easter Monday Day after Thanksgiving
Memorial Day Independence Day
Christmas (3 days )
4 .2 Part-time hourly, and temporary employees appointed for
New six months or less are not eligible for regular
4.3.2 compensation on holidays .
Revised
4.3 . The holiday schedule is .issued .on a .calendar year basis
New to each Department Head. Department Heads shall post
4.2 and advise employees of the holiday. schedule.
4.4 Holidays which occur during an employee' s sick leave or
New vacation leave shall not be charged as sick or vacation
4.3.6 for such days off .
4 . 5 Employees must be on pay status the day before and the
New day after the observed holiday in order to receive
4.3.4 compensation for holidays .
Revised
4.6 An employee absent without authorized leave on the
work day preceding and/or the work day following
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Deleted
8
a day observed as a holiday, shall not receive regular
compensation for the holiday.
4 .7 When a holiday falls on a Saturday or a Sunday, Monday
Deleted will be observed as a holiday.
4. 8 Any employee required to perform work on a designated
New holiday, shall receive time off at the rate of 1 1/2
4.4 times the total number of hours worked in addition to
Revised regular pay. This time off should be used within the
same pay period earned and will not be carried over to
another pay period, and will not be allowed to
accumulate.
4.9 Holiday hours will not be paid to an employee at
New termination, unless it occurs during a week worked.
4.3.7 (See Article IX Section 7 .2 . 3 )
Revised
4.10 Holidays and the four-day work week. If an employee is
Deleted normally off on Monday and a holiday is observed on
Monday, the employee will be off Monday and Tuesday.
If the holiday is celebrated on Friday and the employee
is normally off on Friday, the employee will be off
Thursday and Friday.
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