| THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. |
19-708 | 19-708.01 | 19-708.02 | 19-708.03 | 19-708.04
SCOPE AND PURPOSE
This Regulation governs the observance of holidays by employees in full-time equivalent (FTE) positions.
All employees in FTE positions shall be allowed to observe with pay those holidays listed in Section 19-708.02.
New Year's Day January 1
Martin Luther King, Jr. Day Third Monday in January
George Washington's Birthday/ Third Monday in February
President's DayConfederate Memorial Day May 10
National Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in
NovemberDay after Thanksgiving Friday Following
ThanksgivingChristmas Day December 25
Day after Christmas December 26
Holidays Declared by the Governor
The Governor is empowered to declare Christmas Eve of each year a holiday for State employees. If the Governor declares Christmas Eve a holiday in a year that Christmas Eve falls on Saturday or Sunday, the holiday shall be observed on the preceding Friday. (S.C. Code Ann. § 53-5-20)
19-708.03 HOLIDAY OBSERVANCE PROCEDURE
Holidays are to be taken on the prescribed day unless
the agency requires the employee to work. The agency shall give employees
who must work on holidays prior notice if possible.
When a holiday falls on a Saturday or Sunday, it shall
be observed on the preceding Friday or the following Monday, respectively,
by employees working a Monday through Friday schedule. (S.C. Code Ann. §
53-5-30) Employees scheduled to work on a Saturday or Sunday that is a
holiday shall observe the actual holiday or receive holiday compensatory
time in accordance with Section 19-708.04. (S.C. Code Ann. § 8-11-50)
Employees in FTE positions who do not work a normal
Monday through Friday workweek shall receive no more nor any fewer number of
holidays than those employees who work the normal Monday through Friday
workweek. (S.C. Code Ann. § 8-11-50)
The length of an employee’s holiday is computed
based on the number of hours in the employee’s average
workday. To
determine the number of hours in a holiday, divide the total number of hours
an employee is regularly scheduled to work during a week by five (regardless
of the number of days the employee actually reports to work).
When a holiday falls during a period of leave with
pay, that day will be counted as a holiday, not as a day of leave.
Employees who are on leave without pay shall not be
paid or receive holiday compensatory time for holidays falling during this
period of leave without pay.
The holiday schedules of public colleges and universities, including technical colleges, shall not be in violation of this Section so long as the number of holidays provided in this Section are not exceeded. (S.C. Code Ann. § 53-5-10)
19-708.04 HOLIDAY COMPENSATORY TIME
An employee, except an employee of an agency following
a academic schedule, who is required by the agency to work on a holiday
shall be given holiday compensatory time at the convenience of the agency in
which employed within 90 days of such holiday. (S.C. Code Ann. § 8-11-50)
An employee of an agency which follows an academic
schedule who is required by the agency to work on a holiday shall be given
holiday compensatory time at the convenience of the agency in which employed
within one year from the date of the holiday. (S.C. Code Ann. § 8-11-50)
An employee who must work a portion of the holiday due
to a shift that begins on one day and ends on another shall be granted
holiday compensatory time equal to all hours worked on the holiday.
All nonexempt employees who are not allowed to take
holiday compensatory time earned for working on a holiday within the 90-day
period, or the one-year period in the case of employees who follow academic
schedules, shall be compensated for the holiday by the employing agency at
the straight hourly pay rate of the employee. Exempt employees shall not be
paid for unused holiday compensatory time. An agency may submit a request to
the Office of Human Resources (OHR) for an extension for an additional 90
days because of limited staffing. (S.C. Code Ann. § 8-11-50)
All nonexempt employees shall be compensated for all
holiday compensatory time upon separation from employment. Exempt employees
shall not be paid for unused holiday compensatory time upon separation of
employment.
Holiday Compensatory Time Record
Records shall be maintained for all employees who receive holiday compensatory time. Information contained in the record must include:
Compensatory time earned and used in terms of hours; and
The number of hours per week the employee is normally scheduled to work and the employee’s average workday.