Ariz. Admin. Code § 2-5A-B601

Current through Register Vol. 30, No. 19, May 10, 2024

Section R2-5A-B601 - Holidays

A. State holidays.

1. January 1, "New Year's Day."

2. Third Monday in January, "Martin Luther King, Jr./Civil Rights Day."

3. Third Monday in February, "Lincoln/Washington Presidents' Day."

4. Last Monday in May, "Memorial Day."

5. July 4, "Independence Day."

6. First Monday in September, "Labor Day."

7. Second Monday in October, "Columbus Day."

8. November 11, "Veterans Day."

9. Fourth Thursday in November, "Thanksgiving Day."

10. December 25, "Christmas Day."

B. Employees scheduled to work. Unless required to work to maintain essential state services, an employee who is regularly scheduled to work on a day on which one of the holidays listed in subsection (A) is observed is entitled to be absent with pay for the number of hours regularly scheduled to work, not to exceed eight hours, provided the employee is not on leave without pay on the employee's work days immediately preceding or following the day on which the holiday is observed.

1. Part-time employees who work 1/4 time, 1/2 time, or 3/4 time are entitled to a proportional amount of holiday pay. Part-time employees who work a percentage of full-time other than 1/4 time, 1/2 time, or 3/4 time are entitled to holiday pay at the next lower rate. An employee who works less than 1/4 time is not entitled to holiday pay.

2. Temporary employees shall receive holiday pay provided they are in pay status the day before and the day after the holiday.

C. Employees not scheduled to work. An employee, excluding part-time and temporary employees, who is not scheduled to work on a day on which one of the holidays listed in subsection (A) above is observed shall receive holiday compensation for the number of hours normally worked per day, not to exceed eight, provided the employee is not on leave without pay on the employee's work days immediately preceding or following the day on which the holiday is observed.

D. Employees required to work. An employee who is required to work on a day on which a holiday listed in subsection (A) is observed shall receive:

1. Both holiday compensation and one hour of pay at the employee's current salary rate for each hour worked if the employee is in a position that is either:

a. FLSA non-exempt; or

b. Exempt from the FLSA, but meets the conditions in R2-5A-404(D)(2).

2. No additional compensation if the employee is in a position that is exempt from the FLSA and is employed in any other capacity.

E. Holiday compensation.

1. Except as modified by subsection (E)(2), an employee who is eligible for holiday compensation pursuant to subsection (C) or (D) shall receive for each hour of holiday compensation authorized, at the option of the agency head, either:

a. One hour of additional pay at the current salary rate; or

b. One hour of annual leave; or

c. One hour time off with pay on an alternate work day specified by the agency head after the holiday and during the pay period in which the holiday is observed, or the succeeding pay period.

2. Temporary employees do not accrue annual leave and shall receive either additional pay or time off as in subsection (E)(1)(c) above.

3. An employee may not receive more than eight hours of holiday compensation for any holiday.

Ariz. Admin. Code § R2-5A-B601

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).