West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-12 - 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.S 2601-2654, the federal Family and Medical Leave
				  Act (FMLA), the following provisions apply to eligible classified
				  employees.
12.1. Official Holidays.
12.1.1. 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; 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.
12.1.2. 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 hours. To
				receive pay for the four hours of time off, an employee must work or be on
				approved paid leave for the preceding four hours of work time.
12.1.3. 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 hours per holiday or four hours per one-half day of time
				off as provided in this subsection.
12.1.4. 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.
12.1.5. 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. 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.
12.1.6. Agencies shall make reasonable
				accommodation to an employee's religious holidays as required by law.
12.1.7. An agency 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 working days prior to an election, an agency shall give any employee who
				has less than three hours of accrued leave, time away from work during hours
				polling places are open, up to three hours of paid time off between the opening
				and closing of the polls, to vote. The agency shall schedule such time off to
				avoid impairment or disruption of essential services and operations.