(a) Notwithstanding any provisions of the LAAC that may conflict, the following days shall be treated as holidays:
1. New Year's Day (January 1).
2. Martin Luther King's Birthday (the third Monday in January).
3. Washington's Birthday (the third Monday in February).
4. Cesar E. Chavez's Birthday (the last Monday in March).
5. Memorial Day (the last Monday in May).
6. Juneteenth (June 19).
7. Independence Day (July 4).
8. Labor Day (the first Monday in September).
9. Indigenous Peoples Day (the second Monday in October).
10. Veterans Day (November 11).
11. Thanksgiving Day (the fourth Thursday in November).
12. The Friday after Thanksgiving Day.
13. Christmas Day (December 25).
14. Any day or portion thereof declared to be a holiday by proclamation of the Mayor and the concurrence of the City Council by resolution.
15. One unspecified holiday. Two unspecified holidays commencing in calendar year 2017.
16. Effective November 25, 2017, in addition to the unspecified holidays provided in Subsection (a)15. above, every full time non-represented employee who has completed fifteen (15) years of active full-time City service by the end of Pay Period 11 in each year starting in 2017, excluding the time in which the employee left City service or was employed by the Department of Water and Power, shall be entitled to five (5) additional unspecified holidays for a total of seven (7) per calendar year, which shall be credited in the pay period in which January 1 occurs each year, commencing in calendar year 2018.
(b) When any holiday from 1. through 13. above falls on a Sunday, it shall be observed on the following Monday.
(c) When any holiday from 1. through 13. above falls on a Saturday, it shall be observed on the preceding Friday.
(d) Any holiday declared by proclamation of the Mayor shall not be deemed to advance the last scheduled working day before a holiday for purposes of computing any additional time off.
(e) Whenever a holiday from 1. through 14. above occurs during an employee's regularly scheduled workweek, eight (8) hours of paid leave for that holiday shall not be counted for the purpose of computing overtime pay for work performed after forty (40) hours.
(f) An employee shall be entitled to compensation for the appropriate number of hours of paid leave for holidays from 1. through 14. above if the employee worked their assigned shift immediately before and after the holiday, or prior to such holiday Management has authorized the employee to take paid time off (such as sick leave or vacation) in lieu of the requirement to work said shifts.
(g) Whenever a holiday falls on an employee’s 9/80 regular day off or modified day off, the employee shall take an alternate day off within the same calendar week as the holiday.
(h) An FLSA non-exempt employee who works on any holiday above will be compensated at the rate of time and one-half (1-1/2) for each hour worked, in addition to his/her regular compensation for the day, provided, however, that the employee has (1) worked his/her assigned shift immediately before and his/her assigned shift immediately after the holiday, or (2) prior to such holiday Management has authorized the employee to take paid leave time off in lieu of the requirement to work said shifts. Any employee who fails to meet these requirements will be paid at the rate of one hour for each hour worked. Employees shall not receive both overtime and holiday premium pay for same hours.
(i) FLSA non-exempt employees working in excess of eight (8) hours on any holiday listed from 1. through 14. above shall be paid at the appropriate holiday pay rate for the employee's class. Employees shall not receive both overtime and holiday premium pay for the same hours.
(j) For each holiday listed above which results in time off with pay for employees working a Monday through Friday work week, employees who are scheduled to work other than the Monday through Friday work week shall be entitled to such day off with pay or shall be compensated in accordance with all pertinent provisions ((b) through (i) above). If such holiday falls on an employee’s scheduled day off, an alternative day off in lieu shall be scheduled within the same calendar week as the holiday.
(k) The additional compensation for work performed on a holiday as provided herein shall not apply to employees whose regular rate of pay includes compensation for working on a holiday.
(l) Management shall have the sole authority and responsibility to determine whether the compensation for any holidays worked shall be in cash or CTO.
(m) The unspecified holiday shall be taken in accordance with the following requirements:
1. The holiday must be taken in one full normal working day increment of eight (8) hours during the calendar year in which it is credited or it will be forfeited. The request for such time off, if timely submitted by the employee, will be promptly approved by Management subject to the operating needs of the employee’s department, office or bureau. If an unforeseen operating requirement prevents the employee from taking such previously approved holiday, Management will reschedule the holiday so that it may be taken on some other reasonably satisfactory date within the calendar year.
2. Any break in service (i.e., resignation, discharge, retirement) prior to taking the holiday shall forfeit any right thereto.
3. The holiday shall not be utilized to extend the date of any layoff.
4. No employee shall be entitled to an unspecified holiday until he/she has completed six months of satisfactory service and has completed 500 hours of compensated time.
5. No employee shall receive more than the number of unspecified holidays provided in this section each calendar year. Thus, an employee transferring from the Department of Water and Power (DWP) to any other City department, office or bureau will not receive unspecified holiday(s) after taking such holiday(s) prior to leaving DWP and employees who resign or are terminated and then rehired during the same calendar year, will not receive additional unspecified holidays when rehired.
6. In addition to provisions outlined in this subsection that govern the application and use of an unspecified holiday, any outstanding accrued unspecified holidays as provided for in Subsection (a)16. above that are not taken prior to a non-represented employee transferring, reverting, promoting, demoting, or otherwise leaving employment from a qualified non-represented to a represented classification shall forfeit said unused unspecified floating holidays. If the number of unspecified holidays allowed in the new bargaining unit has been previously taken as a non-represented employee in the same calendar year the year in which a change in representation occurs, no additional unspecified holidays may be accumulated or taken.
(n) 1. a. A half-time employee, as defined by Section 4.110(a) of the LAAC, shall qualify for and receive the same holiday benefits as a full-time employee, including unspecified holidays except as noted in (n)1.b. below; provided, however, that pay for such holiday shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment in the class of position.
b. Half-time employees must complete a period of six consecutive months of service and must have been compensated for at least 500 hours before qualifying for the unspecified holiday. Half-time employees who transfer to full-time or full-time employees who transfer to half-time are entitled to either a full unspecified holiday (8 hours) or a prorated unspecified holiday depending on their status at the time the holiday is taken. A full-time or half-time employee who transfers to intermittent without having taken any unspecified holiday shall not be entitled to such holiday while in intermittent status.
2. Intermittent employees, as defined by Section 4.110(b) of the LAAC, shall not be entitled to holiday benefits. An intermittent employee who becomes full-time or half-time and who has not previously qualified for the unspecified holiday benefit as a full or half-time employee shall be required to qualify by completing six consecutive months of service in the full-time or half-time status and to have been compensated for at least 500 hours. Upon completion of said qualifying period, a half-time employee will be allowed prorated benefits as described herein.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 89,934; Ord. No. 131,185; Ord. No. 141,413, Eff. 1-30-71; Ord. No. 142,605, Eff. 12-20-71; Ord. No. 146,024, Eff. 7-8-74; Ord. No. 150,272, Eff. 11-3-77, Oper. 7-1-77; Ord. No. 152,230, Eff. 4-23-79, Oper. 7-1-78; In Entirety, Ord. No. 153,413, Eff. 3-10-80, Oper. 3-1-80; Ord. No. 158,644, Eff. 1-24-84, Oper. 1-24-84; Ord. No. 160,569, Eff. 1-23-86, Oper. 7-1-85; Ord. No. 165,482, Eff. 2-1-90; Ord. No. 166,075, Eff. 7-20-90; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsecs. (a), (e), (f) and (i), Ord. No. 181,789, Eff. 7-19-11; Subsec. (a)14., Ord. No. 184,258, Eff. 5-5-16; Subsec. (a)8., Ord. No. 185,261, Eff. 12-6-17; Subsec. (m)5. amended and Subsecs. (a)15. and (m)6. added, Ord. No. 185,357, Eff. 12-27-17; Subsecs. (a), (b), (c), (e), (f), (i) and (m)6., Ord. No. 187,901, Eff. 6-16-23.