Vacations and Holidays for Part-time Employees

Transcription

1 Vacations and Holidays for Part-time Employees STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated Ohio Association of County Boards Serving People with Developmental Disabilities Spring Conference May 23, 2013

2 ! R.C (A) entitles full-time county employee to vacation leave: Standard of service other than 40 hours per week and in active pay status in a biweekly pay period, accrue a number of hours of vacation during each pay period that bears the same ratio to the number of hours specified in division (A)(1) of this section as their number of hours which are accepted as full-time in active pay status, excluding overtime hours, bears to eighty hours. In active pay status in a biweekly pay period for less than 80 hours or the number of hours of service otherwise accepted as full-time accrue a number of hours of vacation during that pay period that bears the same ratio to the number of hours specified in division (A)(1) of this section as their number of hours in active pay status, excluding overtime hours, bears to eighty or the number of hours of service accepted as full-time, whichever is applicable. 2

3 ! Part-time employees are not entitled to vacation under R.C unless: Provided as part of Ebert power under R.C (A)(7) to fix compensation, including fringe benefits; Provided as part of an alternative schedule of vacation leave under R.C (F); Board of County Commissioners, by resolution, grants vacation leave with full pay to part-time county employees. 3

4 ! What if part-time employee earns vacation and then moves to a full-time position? Believe the employee has to wait until he has worked one year of full-time county employment to be entitled to vacation. R.C (A) applies to full-time county employees. Service and employment are defined differently. So have to work one year at full-time to be entitled to vacation. AG Op

5 ! AG Op :! it is evident that a full-time county employee who has 8, 15, or 25 years of prior service as a part-time county employee, after completion of the first year of full-time employment, accrues vacation leave at the increased rates described in R.C (A) based upon his total service time, i.e., one year of service for his first year of full-time county employment plus service credit for his previous part-time county employment. For example, upon completion of his first year of full-time county employment, an employee who works a standard workweek of forty hours is entitled to have eighty hours of vacation leave placed to his credit, and, if he has eight years of previous part-time county service, to begin accruing vacation leave under R.C (A) at the advanced rate of four and six-tenths hours each biweekly period. Similar increases in the biweekly accrual of vacation leave are granted to a fulltime county employee who has fifteen or twenty-five years of prior service as a part-time county employee, as long as the employee has completed one year of full-time county employment. 5

6 ! AG Op ! An employee who does not complete his first year of full-time county employment until after completion of his eighth, fifteenth, or twenty-fifth years of service does not, however, receive the additional one week of vacation leave that would have been placed to his credit if he had been a full-time county employee at the time he completed those years of service, because he was not, at those times, a full-time county employee receiving vacation leave under R.C (A). Once a full-time county employee has completed one year of full-time county employment, however, R.C (A) allows him to accrue vacation leave as a full-time county employee at the rate that reflects his total years of service time, including prior service as a part-time county employee. 6

7 ! If a person gets vacation as a part-time employee at a different county, it is irrelevant and the employee must work full-time for one year before getting vacation leave.! If a person gets vacation as a part-time employee in your county, it is irrelevant and the employee must work fulltime for one year before getting vacation leave. Don t think the employee is prohibited from using accrued but unused vacation leave that the employee earned while a part-time employee.! Once work full-time for one year, employee is entitled to credit for ALL prior service. 7

8 ! R.C (D) provides holidays for full-time employees. Not Superintendents and management employees.! Full-time county employee is entitled to eight (8) hours of holiday pay, each year, for: New Year's day Martin Luther King day Washington-Lincoln day Memorial day Independence day Labor day Columbus day Veterans' day Thanksgiving day Christmas day 8

9 Holidays for part-time employees! Part-time employees are not entitled to holidays under R.C ! Can get holidays if Board authorizes: As part of Ebert power under R.C (A)(7) to fix compensation, including fringe benefits; As part of an alternative schedule of holidays leave under R.C (F), provided: the alternative schedule is not inconsistent with the provisions of at least one collective bargaining agreement covering other employees of the Board, if such an agreement exists, or if no such collective bargaining agreement exists, the alternative schedule of holidays cannot diminish the holiday benefits granted by R.C

10 Questions??? Thanks for attending! 10