1. Holidays STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated spp@bhmlaw.com spp@bhmlaw.com Ohio Association of County Boards Serving People with Developmental Disabilities Personnel Council September 29, 2010

2. 2 R.C. §325.19 R.C. §325.19 provides vacation leave and holidays for classified civil servants employed by a county. Not Superintendents and management employees. Full-time county employee is entitled to eight (8) hours of holiday pay, each year, for: New Year's dayMartin Luther King day Washington-Lincoln dayMemorial day Independence dayLabor day Columbus dayVeterans' day Thanksgiving dayChristmas day

3. 3 R.C. §325.19(D)(1) Holidays shall occur on the days specified in R.C. § 1.14. If any of those holidays fall on Saturday, the Friday immediately preceding shall be observed as the holiday. If any of those holidays fall on Sunday, the Monday immediately succeeding shall be observed as the holiday. If an employee's work schedule is other than Monday through Friday, the employee is entitled to holiday pay for holidays observed on the employee's day off regardless of the day of the week on which they are observed.

4. 4 R.C. §325.19(D)(2) – first exception to observance of holiday When a classified employee of County Board works at a site maintained by a government entity other than the County Board, such as a public school, the County Board may adjust the employee's holiday schedule to conform to the schedule adopted by the government entity. Under an adjusted holiday schedule, an employee shall receive the number of hours of holiday pay granted under R.C. §325.19(D)(1).

5. 5 R.C. §325.19(F) – second exception County Board with union: Upon notification to board of county commissioners, may establish alternative schedules of holidays for non-bargaining unit employees, as long as alternative schedule is not inconsistent with the provisions of at least one CBA covering other employees of County Board. County Board with no union: If no CBA exists, upon notification to the board of county commissioners, may establish an alternative schedule of holidays for its employees that does not diminish the holiday benefits granted by R.C. § 325.19.

6. 6 9-month employees - vacation No vacation leave for 9-month employees (R.C. § 325.19(I)): R.C. § 325.19(A) does not apply to an employee of a County Board who works at, or provides transportation services to pupils of, a special education program provided by the County Board, if the employee's employment is based on a school year and the employee is not subject to a contract with the County Board that provides for R.C. § 325.19(A) to apply to the employee.

7. 7 9-month employees - holidays Not clear: no case law or AG opinion. No exception as with vacation leave. Are 9-month employees full-time employees? R.C §325.19(J):  "Full-time employee" means an employee whose regular hours of service for a county total forty hours per week, or who renders any other standard of service accepted as full-time.  "Part-time employee" means an employee whose regular hours of service for a county total less than forty hours per week, or who renders any other standard of service accepted as part-time, and whose hours of county service total at least five hundred twenty hours annually.

8. 8 4 days/10 hour employees Clearly meet definition of full-time employee. R.C. §325.19(D)(1) requires employees to be paid eight (8) hours of holiday pay, regardless of when the holiday occurs in connection with the employee’s work schedule. Entitled to holiday leave even if falls on off day.

9. 9 4 days/10 hour employees - examples County Board can change the 4/10 employees’ schedules to make them work five (5) eight (8) hour days during the weeks in which holidays occur. Will save money as County Board will pay the employees for 32 hours worked, plus 8 hours of holiday pay as compared to 40 hours of regular pay pus 8 hours of holiday pay.

10. 10 4 days/10 hour employees - examples If employee works Monday-Thursday, and the holiday falls on a Monday, the employee would be off work, receive eight (8) hours of holiday pay, work the remaining three 10-hour days, and would be paid 38 hours of pay for the workweek. In those situations, it might make some sense to pay the employee an additional two (2) hours of holiday pay so they get paid for forty (40) hours. The County Board is not required to do this, but it could.

11. 11 Questions ??? Thanks for attending!