We have been receiving a lot of phone calls with questions about the upcoming Christmas and New Year’s Day holidays and wanted to make sure everyone understood what the contract says about these holidays.
In regards to the Christmas Holidays and New Year’s Day:
Article 6 Holidays Observed
Section 1: Holidays. Holidays celebrated each year of the Agreement shall be as follows:
Day Before Christmas – Saturday 12/24/16
Christmas Day – Monday – 12/26/16 (NOT A TYPO! Because the holiday falls on a Sunday we observe on Monday)
New Year’s Day – Monday – 1/2/17 (Also NOT A TYPO!)
Question: I am usually off on Mondays, with Christmas celebrated on Monday, what does this mean for me?
Answer: Article 6, Section 3 covers this information. “If an employee is on vacation or on a scheduled day off when one of the holidays specified in this agreement falls, the employee shall receive an extra days pay as specified above , or an extra day off with pay, subject to the 10% limitation set forth above. The employee shall notify the Employer of this choice at least three (3) days before the holiday.”
Simply put, it is your choice… You can either take the extra day’s pay OR give your employer three day’s notice that you prefer not to be paid out at this time and you wish to bank the paid day off to use at a later date. If the day is banked it is treated the same as a Floating Day and you have 12 months to use it.
Question: My employer wants us to work on Monday, December 26th…Can they do that?
Answer: They can ASK you to work on a holiday, it is voluntary though. So if you don’t want to work on a holiday…then don’t. If you do chose to work on a holiday though…
Article 6, Section 4- Pay for holidays worked. “If an hourly rated employee works on a holiday, the employee shall receive two (2) times the applicable rate, plus the holiday pay set forth in Appendix 1. If an incentive rated employee works on a holiday, the employee shall receive two (2) times the incentive rate of pay plus the holiday pay set forth in Appendix 1.”
Simply put…. it’s your choice if you want to volunteer to work on a holiday if asked. You will receive double time PLUS the holiday pay.
NOTE! The ONE exception to this is noted in Article 6, Section 1:
“If the employer and employees agree to substitute another day in lieu of working the day before Christmas, the holiday overtime pay will not be applicable on the day worked.”
Keep in mind this decision is not left up to your employer, the employer AND the employees have to agree.
If there are any misunderstandings with the holidays, please point your employer to the language sited above, if there is still an issue please do not hesitate to contact your Business Agent.