SECTION 260:25-15-43. Holidays

(a)   Holidays shall be granted in accordance with state law and the Governor's proclamations as they are observed by the individual agencies in accordance with their work load and policies.

(b)   To be eligible to receive holiday pay, an employee shall be in pay status or on furlough for the entire regularly-scheduled workday either the workday before or the workday after the holiday. An employee shall not be eligible to be paid for holidays which occur either before the employee's entry on duty date or after the last day the employee works. At the discretion of the Appointing Authority, an employee who is on unauthorized leave without pay either the day before or the day after the holiday may not be eligible for holiday pay. The receiving Appointing Authority shall pay an employee who transfers from another agency for any holidays occurring after the last day worked in the sending agency. An employee who is recalled, reemployed, or reinstated shall not be paid for any holiday occurring after the last day worked while previously employed and before entry on duty.

(c)   Appointing Authorities shall pay full-time employees for holidays based on an 8-hour workday. Full- time employees who are eligible for holiday pay under (b) of this Section and who are scheduled to work either more or less than 8 hours on a holiday shall receive the equivalent of 8 hours of holiday pay or compensatory time off.

(d)   Appointing Authorities shall prorate holiday pay for part-time employees based on one of the following methods:

(1)   Holiday pay as a percentage of normally scheduled hours worked divided by full-time hours; or

(2)   Holiday pay equal to regular pay for hours normally worked if a holiday occurs on a normally scheduled work day.

(e)   If a full-time or part-time employee's scheduled hours worked plus holiday hours total less than the employee's normally scheduled hours during the workweek, the Appointing Authority shall account for the difference exercising one or more of the following options:

(1)   Work additional hours during the same workweek;

(2)   Charge to accumulated annual leave; or

(3)   Record as leave without pay under 260:25-15-47.

(f)   If an employee's scheduled hours worked plus holiday hours are more than 40 hours in a workweek, the Fair Labor Standards Act requires that only hours actually worked be counted as hours worked in accordance with the Fair Labor Standards Act and 260:25-7-12.

(g)   For employees who are required to work in fire suppression duties on a holiday, the Appointing Authority shall pay the employee for the holiday based on an 8-hour workday times the employee's base rate of pay at the time of payment. For employees who are required to work on a holiday in duties other than fire suppression and for employees whose day off falls on a holiday, the Appointing Authority shall either:

(1)   reschedule the employee's holiday to be taken within 180 days; or

(2)   pay the employee for the holiday based on an 8-hour workday times the employee's base rate of pay at the time of payment.

(h)   If a holiday is rescheduled, the employee must take the rescheduled holiday after occurrence of the holiday. A rescheduled holiday may not be used to substitute for absences occurring prior to the actual holiday.

(i)   An Appointing Authority may request an extension of the 180 days for taking holiday time off up to an additional 180 days providing the Appointing Authority submits proper documentation to the Human Capital Management Division justifying the extension. All extensions are subject to the approval of the Human Capital Management Division.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14; Amended at 32 Ok Reg 1751, eff 9-11-15]