West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-14 - Attendance and Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
In compliance with state and federal law governing holidays
				  and leave, including  29 U.S.C.§ 2601-2654, the federal Family and Medical
				  Leave Act (FMLA), the following provisions apply to eligible classified
				  employees.
14.1. Official Holidays.
14.1.a. Employees shall be released from work
				with pay in observance of the following official holidays: New Year's Day, the
				first day of January; Martin Luther King's Birthday, the third Monday of
				January; Presidents' Day, the third Monday of February; Memorial Day, the last
				Monday in May; West Virginia Day, the twentieth day of June; Independence Day,
				the fourth day of July; Labor Day, the first Monday of September; Columbus Day,
				the second Monday of October; Veterans' Day, the eleventh day of November;
				Thanksgiving Day, the fourth Thursday of November; Lincoln's Day, the day after
				Thanksgiving Day; Christmas Day, the twenty-fifth day of December; any day on
				which a State-wide election (Primary, General, or Special) is held, and, such
				other days as the President, Governor or other duly constituted authority
				proclaim to be official holidays or days for which employees are released from
				work. Provided, that an election held on a Saturday is not an official holiday
				as provided in this subsection.
14.1.b. When a holiday falls on a Sunday, the
				following Monday shall be observed as the official holiday. When a holiday
				falls on a Saturday, the previous Friday shall be observed as the official
				holiday. When Christmas or New Year's Day occurs on Tuesday, Wednesday,
				Thursday, or Friday, the last half of the scheduled workday immediately
				preceding the holiday will be given as time off not to exceed four (4) hours.
Agencies may schedule employees to work on the official
				  holiday observance date to accommodate around-the-clock shifts or other special
				  needs. The agency shall notify employees in advance of the modification and
				  shall schedule alternate holiday paid time off for a date as close as possible
				  but not prior to the official holiday observance date. In the alternative, an
				  employee may agree to be paid for the holiday rather than observing it at a
				  later date. The total amount of paid time off for holidays shall not exceed
				  eight (8) hours per holiday or four (4) hours per one-half day of time off as
				  provided in this paragraph.
14.1.c. Part-time employees are entitled to
				receive time off with pay for holidays, regardless of whether the holidays fall
				within the employees' regular work schedules, in proportion to the amount of
				time worked as compared to the employer's standard workweek for a full-time
				employee. When a holiday falls on a day on which a part-time or full-time
				employee is not scheduled to work, the employee should be released from work on
				his or her next scheduled work shift or as soon as reasonably
				possible.
14.1.d. To receive pay
				for any holiday, an employee must, at a minimum, work or be on approved paid
				leave for his or her full scheduled workday immediately preceding and following
				the holiday. To receive pay for a four (4) hour holiday, an employee must work
				or be on approved paid leave for the preceding four (4) hours of work time and
				the full scheduled workday immediately following the holiday. Provided, that an
				employee who works on the holiday is eligible to receive pay for the holiday
				irrespective of working or being on approved paid leave the day before and
				after. However, an employee who is scheduled to work on the holiday but fails
				to report is ineligible to receive pay for the holiday irrespective of working
				or being on approved paid leave on that day or the days before and after. An
				employee is not eligible to be paid for any holiday that occurs prior to his or
				her first day of work or after his or her date and time of separation as
				defined in this rule.
14.1.e.
				Appointing authorities shall make reasonable accommodation to an employee's
				religious holidays as required by law.
14.1.f. An appointing authority shall, if
				necessary, allow any employee required to work on any election day ample and
				convenient time and opportunity to cast his or her vote. Upon receipt of a
				written request at least three (3) work days prior to an election, an
				appointing authority shall give any employee who has less than three (3) hours
				of time away from work during hours polling places are open, up to three (3)
				hours of paid time off between the opening and closing of the polls, to vote.
				The appointing authority shall schedule such time off to avoid impairment or
				disruption of essential services and operations.