Human Resources Management Policy

HOLIDAYS

Policy 23

NOTE: THIS POLICY, LIKE ALL OTHER MUSC HUMAN RESOURCES POLICIES, IS NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED UPON AS SUCH. THIS POLICY MAY BE CHANGED AT ANY TIME BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA.

1. POLICY
1. The guidelines outlined in this policy are designed to cover classified employees and eligible research grant employees.
2. Full-time (40 hours/week) and part-time (less than 40 hours/week) employees are allowed to observe with pay the holidays listed below:
   
   

New Years Day	January 1
Martin Luther King, Jr. Day	Third Monday in January
George Washington's Birthday (President's Day)	Third Monday in February
Confederate Memorial Day	May 10
Memorial Day	Last Monday in May
Independence Day	July 4
Labor Day	First Monday in September
Veterans' Day	November 11
Thanksgiving Day	Fourth Thursday inNovember
Day after Thanksgiving	Fourth Friday in November
Christmas Day	December 25
Day after Christmas	December 26



3. Maximum compensation for full-time (40 hours/week) employees for each holiday is eight hours.
4. Compensation for part-time employees is determined by employees’ established hours. The rate is derived by dividing the established work hours by 40 hours to determine the percentage of the full-time rate to which they are entitled. (Example: An employee is established to work 30 hours/week. Thirty divided by forty equals .75 or 75%. 75% of 8 hours is 6.0 hours. A 30 hours/week employee is entitled to 6.0 hours paid holiday time.)
5. Holidays that fall on Sunday will be observed on the following Monday.
6. Holidays that fall on Saturday will be observed on the previous Friday.
7. Employees who do not work a normal Monday through Friday workweek shall receive the same number of holidays during a calendar year as those who do.
8. If the holiday cannot be observed on the designated date, compensatory time will be granted, and the employee shall be authorized to observe the holiday within one year from the date of the holiday. If the compensatory time cannot be used within one year, nonexempt employees will be compensated. Refer to Section II.C of this policy.
9. Annual and sick leave hours may not be charged when a holiday is observed by the University. If employees’ scheduled workdays are longer than the allotted holiday hours, employees may use annual leave hours for the remaining hours in the workday with supervisory approval. Sick leave hours may be used for the remaining hours in the workday if the absences qualify for sick leave.
10. Employees do not accrue holiday leave hours while on military leave. Compensatory time is not granted.
11. Employees may use administrative leave for a death in their immediate family on the day a holiday is observed by the University. Compensatory time off for the unused holiday must be granted in accordance with this policy.
12. Employees will not receive credit for holidays that fall during a period of leave of absence without pay.

2. INFORMATION AND PROCEDURES
   1. Employees whose departmental work schedules will not permit their absences on a holiday will be given compensatory time off within one year from the date the holiday was observed. The amount of compensatory time granted is determined by the employees’ established work hours at the time the holidays were observed.
   2. Time worked on a holiday is recorded as work time. Overtime will apply for nonexempt employees who actually work over 40 hours within the workweek.
   3. Nonexempt employees who are not allowed to take compensatory leave earned for working on a legal holiday within the one-year period shall be compensated for the holiday at the employee’s base hourly rate no later than the second pay period following the last day of the one-year period. The compensatory leave hours to be paid are determined by the employees’ established work hours at the time that holidays were observed.
   4. Exempt employees cannot be paid for accrued unused holidays.
   5. Holiday leave hours will be charged to employees by proper notation on the punch detail reports (STAR), biweekly time cards, or monthly time summaries. Supervisors/managers should keep accurate records of all holiday leave hours accrued and used by their employees.
   6. When transferring between departments of the Medical University, accrued holiday leave hours shall transfer with employees.

3. HOLIDAYS DECLARED BY THE GOVERNOR
   The Governor is empowered to declare Christmas Eve (December 24) of each year a holiday for State employees. If the Governor declares Christmas Eve a holiday and Christmas Eve falls on Saturday or Sunday, the holiday shall be observed on the preceding Friday.



4. DEPARTMENTAL POLICIES
   1. Departmental policies must be in writing, disseminated to all employees, and posted in the work area. If in-service training or orientation sessions are necessary to ensure employees understand the policies, departments should keep attendance records and signed documentation that employees received the information.
   2. The Department of Human Resources Management must approve such policies prior to implementation.

4. FAMILY AND MEDICAL LEAVE ACT (FMLA)
   Holiday leave hours used may qualify under the Family and Medical Leave Act (FMLA) and, if so, will run concurrently. Refer to Human Resources Management Policy No. 30, Family and Medical Leave Act (FMLA), for additional information.

6. RESEARCH GRANT EMPLOYEES
   1. Classified employees transferring to or from research grant positions must be paid out for accrued unused holiday leave. Holiday leave hours cannot be transferred.
   2. Research grant employees transferring from one research grant position to another research grant position may transfer unused holiday leave hours if the gaining grant is willing to accept the leave. If the gaining grant is unable to accept the leave, the employees must be paid for accrued unused holiday leave.