1. Joe is a full-time custodian who works in the
Adams Center. Joe is scheduled to work Monday
through Friday, 6:00 pm to 3:00 am each day.
November 11, 2008 is Veteran’s Day.
Joe works 5 hours on the 10th and 3 hours on the 11th . All
of his other hours during that week are normal and he has 40 hours of paid time
during the week including the holiday hours. What is the breakdown of his hours
for the week?
Monday
– 6:00 pm to 3:00 am = 8 paid hours Thursday
– 6:00 pm – 3:00 am = 8 paid hours
Tuesday
– Veteran’s day holiday = 8 paid hours Friday
– 6:00 pm – 3:00 am = 8 paid hours
Wednesday
- 6:00 pm to 3:00 am = 8 paid hours
2. Sarah, a student employee is scheduled to
work on Tuesday, November 11, 2008 in the Adams Center box office. She asks if she will receive additional holiday
pay for working on the Veteran’s Day Holiday.
She also adds that she is a veteran, and wonders if she gets any extra
compensation for the special status.
What can you tell her?
3. Alice is an accountant in Business
Services. She is on an approved
maternity leave and has exhausted all of her accrued sick leave. She will be on a LWOP status from November 1st
to November 30th. She believes
that she should receive pay for the four holidays in the month of
November. How do you respond?
4. Anita works four 10 hour days, Monday,
Wednesday, Thursday and Friday, each week.
Tuesday, Nov 4, 2008, is the Election Day holiday - a day which Anita
does not regularly work. How will this
calculate with her schedule? Same
scenario – can Anita switch the Tuesday holiday (a day when she does not
normally work) for Monday and take off on Monday instead?
5. Brenda works for University Dining Services
as a prep cook. She has had some
difficulty with her work situation and it is determined that she must be
terminated. She is terminated with cause
on December 24, 2008, the day before the Christmas holiday. Her manager calls HRS and wants to pay her
for the two day Christmas holiday, December 24 and 25, and wants to verify that
she can. What do you tell her?
6. A couple of nurses from the Curry Health
Center are on the regular unpaid break that runs from December 19th
to January 23rd (which coincides with the end and the beginning of
the academic semesters). In February,
they complain that they did not receive pay for the Christmas, New Year’s and
Martin Luther King holidays. Are they
entitled to these paid holidays?
7. Tabitha, a receptionist in HRS is about to
leave HRS for other opportunities. She
states that her last day of work will be November 28th final day of
the Thanksgiving holiday. Will she
receive holiday pay?
8. Ann Margaret will be starting a job in the
Dean’s office on December 29, 2008. This
is her first day of work and the day after the Christmas Holiday. Does she receive holiday pay for the
Christmas holidays?
9. Mikel is a temporary employee in your
office. She is scheduled to regularly work
Monday, Tuesday and half day on Wednesday each week (20 hours each week). The Veteran’s
Day holiday is Tuesday – how will this calculate into her wages for that week? Mandy Jo works the second half of the week –
Wednesday afternoon, Thursday and Friday (20 hours each week). How will Veteran’s Day work into her wage
calculation?
10. Francisco is a temporary employee with the Ground’s
Crew. He is scheduled to work Monday through Friday each week and works a varying
number of hours each pay period. The Veteran’s
Day holiday is on Tuesday. Will he
receive holiday pay for that day? If he
does receive holiday pay, how many hours of holiday pay will he receive?
11.
Tim is a part-time permanent on-call technician with KUFM,
he does not have a set schedule and is only called in when needed. He was called in to work varied hours the
week of November 24 - 28. Thanksgiving
was on the 27th , and he worked 5 hours on
that day. Would he receive holiday pay,
and if he does how would it be calculated?
Please feel free to call Human Resource
Services if you ever have a question on any matter related to the
payment of wages.
Holiday
Pay situation answers
1. According to the MPEA contract “vacation, sick leave and holiday hours”
count toward the calculation of overtime pay and anything over 8 hours is
overtime. Also, holidays begin at
mid-night. Joe has 8 hours of paid time
for Monday, Wednesday, Thursday, and Friday.
On Monday he has 5 hours of worked time, and on Tuesday he has 3 hours
of worked time, plus 8 hours of holiday time on Tuesday. Since anything over 8 hours in a day is
considered overtime he would have 3 hours of overtime pay. So Joe would have 29 hours of regular pay, 8
hours of holiday pay and 3 hours of overtime so he will be paid 37 hours at his
regular rate and 3 hours at his overtime rate.
2. Student employees are not eligible for
holiday pay. She would receive straight
time for the scheduled work time. There
is no extra compensation for actually being a veteran and working at the
University of Montana. Students are only
eligible for overtime compensation when they work over 40 hours in the work
week which runs from Sunday through Saturday.
3. Alice is not eligible for payment for the
four holidays in November unless she is on an approved FMLA leave. Under an FMLA leave an employee cannot have
their employer benefits changed. A paid
holiday is an employer benefit so she would receive the holidays based on her
normal FTE.
4. Anita can observe the Election Day holiday on
Monday. Since this is a regular 10 hour
day for her she will either need to take two hours of annual leave, two hours
of comp time accrued, or two hours of leave without pay to have the entire day
off, or come in and work an actual 2 hours on that Monday. If it was necessary for business reasons for
her to work on that Monday then another day could be established for her to
have off in that same pay period. If a
day could not be scheduled then she would have 48 total hours of straight time during
that pay period. (2-18-603 M.C.A)
5. Brenda would be eligible for pay for the
Christmas holiday. Any employee laid off or involuntarily terminated 5 calendar days or less
before Christmas or New Year’s shall be paid for that holiday. This applies to only these two holidays. This year Brenda would receive two days of
holiday pay for the Christmas holiday.
6. These employees should have been paid for
Christmas (2 days of holiday pay) and New Year’s holidays since these are
covered by contract. They would not be
compensated for the Martin Luther King holiday.
7. Tabitha will not receive holiday pay for Thanksgiving
holiday. An employee’s final date of
employment cannot be set as a holiday.
8. Ann Margaret will not receive payment for the
Christmas holiday. A newly hired
employee who begins work on the day after a holiday is not entitled to holiday pay.
9.
Temporary employees will be paid for the holiday if they are normally scheduled
to work on that date. Since Veteran’s
Day falls on Tuesday Mikel would be eligible for
holiday pay pro-rated by her FTE. Since
she work 20 hours each week she would receive 4 hours for the holiday. If she wished to be paid her 20 hours for the
week she would use 4 hours of annual leave or compensatory time for Tuesday or
work a full day on Wednesday. Mandy Jo
would not be eligible for holiday pay as she is not normally scheduled to work
on Tuesday.
*If
Mikel and Mandy Jo were both permanent employees
working the same schedule mentioned above they would both be entitled to
holiday pay pro-rated by their FTE.
10. Francisco will receive holiday pay since he
is normally scheduled to work on Tuesday.
In order to calculate the number of hours that he should be paid for the
holiday an analysis of his prior two pay periods must be made. Add the number of hours he worked in the
prior two pay periods – ex. He was paid
for 60 hours in the most recent pay period and for 45 hours in the period
before that. Take the 105 hours divided
by 20 (which is the number of days in the two pay periods combined) to come to
5.25 hours – which is what he should be paid for the Veteran’s Day holiday.
11. Tim is in a PERMANENT position – he is not a
temporary employee. He is eligible for
holiday pay if he works during the pay period which includes the holiday. Since his work schedule is on-call and he may
not have any hours in the preceding two pay periods, his pro-ration for
determining holiday hours is based on the hours worked in the current
pay-period only. All hours worked on a
holiday are paid at time and a half, except for those employees who are
exempted from overtime – they are eligible for additional time at straight
time.