HB588 By Representatives Greer, Mooney, Moore (B), Chesteen, Sells, Wood, Holmes (M), Williams (JW), Carns, Martin, Brown, Davis, Clouse, Lee, Faust, Williams (JD), Wilcox, Butler, Williams (P), Garrett, Fridy and Weaver RFD Ways and Means General Fund Rd 1 30-APR-15

SYNOPSIS: This bill would require the Governor to order two mandatory furlough days for state employees during the 2015-2016 Fiscal Year on days designated as state holidays.

This bill would limit the number of paid state holidays for state employees during a calendar year to 13.

This bill would also limit leave or compensation for those working on a state holiday to the lessor of eight hours of the time worked and would define a state holiday as an eight-hour day.

A BILL TO BE ENTITLED AN ACT

To require the Governor to order two mandatory furlough days for state employees during the 2015-2016 Fiscal Year on days designated as state holidays; to amend Section 1-3-8, Code of Alabama 1975, to limit the number of paid state holidays for state employees; to limit the leave or compensation to the lessor of eight hours or the time worked; and to define a state holiday as an eight-hour day.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) During the 2015-2016 Fiscal Year, the Governor shall order two mandatory furlough days for state employees on days, other than a Saturday or Sunday, that are designated state holidays under Section 1-3-8(a), Code of Alabama 1975.

(b) Employees who are deemed essential to the operation of state government and are required to work on a furlough day shall only receive regular compensation for those hours which are physically worked.

(c) Nothing in this section shall be deemed to supersede the rights granted to employees under the Fair Labor Standards Act of 1938, 29 U.S.C. 201, et seq.

(d) Except for an employee covered by subsection (b), an employee who is included in a furlough under subsection (a) shall not receive any compensation for the furlough day but shall be considered in full pay status for benefit purposes, including, but not limited to, leave accruals and seniority rights.Section 2. Section 1-3-8, Code of Alabama 1975, is amended to read as follows:

§1-3-8.

"(a)(1) Sunday, Christmas Day, New Year's Day, Martin Luther King, Jr.'s birthday, Robert E. Lee's birthday, George Washington's birthday, Thomas Jefferson's birthday, Confederate Memorial Day, National Memorial Day, Jefferson Davis' birthday, the Fourth day of July, Labor Day, Columbus Day and Fraternal Day, Veterans' Day, American Indian Heritage Day, and the day designated by the Governor for public thanksgiving shall each be deemed a holiday. If any holiday falls on Sunday, the following day is the holiday. If any holiday falls on Saturday, the preceding day is the holiday. Veterans' Day shall be observed by the closing of all state, county, and municipal offices, all banks located within this state, and the public schools on such day. Public schools, grades K to 12, inclusive, and all public two-year institutions of higher education shall also be closed on National Memorial Day, and such closing shall be applicable to all students and non-essential employees. The Superintendent of Banks, with the concurrence of not less than two members of the state Banking Board, may authorize any state bank to close on National Memorial Day, the last Monday in May, and on such other days as may be declared by the Governor to be state holidays in honor of a special event. If any authorized state holiday falls on Friday, the Superintendent of Banks may authorize the Saturday following that Friday to be a holiday. The superintendent may also authorize the closing of banks at 12:00 noon on the day prior to Christmas Day, and the day prior to New Year's Day, if such days fall on business days.

(2) Notwithstanding subdivision (1), there shall be no more than 13 paid state holidays in a calendar year for state employees. If the Governor declares more than 13 state holidays, the additional holidays shall be unpaid.

"(b) Of the above enumerated legal public holidays, the following shall be observed on the dates herein prescribed:

"(1) Robert E. Lee's birthday - the third Monday in January.

"(2) George Washington's birthday - the third Monday in February.

"(3) Confederate Memorial Day - the fourth Monday in April.

"(4) Jefferson Davis' birthday - the first Monday in June.

"(5) Columbus Day and Fraternal Day - the second Monday in October.

"(6) Veterans' Day - the eleventh day of November.

"(7) Martin Luther King, Jr.'s birthday - the third Monday in January.

"(8) National Memorial Day - the last Monday in May.

"(9) Thomas Jefferson's birthday - the third Monday in February.

"(10) American Indian Heritage Day - the second Monday in October.

"(c) In addition to the legal holidays provided above, Mardi Gras shall be deemed a holiday in Mobile and Baldwin Counties and all state offices shall be closed in those counties on Mardi Gras.

"(d) In addition to the legal holidays provided above all state employees, except those employed in Baldwin and Mobile Counties, shall be granted one personal leave day per year. The personal leave day shall be granted on January 1 of each year. All state employees employed in Baldwin and Mobile Counties shall be granted no personal leave day. All such personal leave days granted in any year shall be used by the end of the calendar year. All such personal leave days shall be scheduled during the year with the approval of the supervisor. Supervisors failing to schedule personal leave days for employees shall justify that action in writing to the Director of State Personnel and the employee shall receive pay at a rate not less than the employee's usual and customary rate of pay for any personal leave day not taken by December 31 of each year.

"(e)(1) All state holidays shall be observed by the closing of all state offices. Any state office may remain open on a state holiday upon written notice by the appointing authority to the State Personnel Board at least 60 days in advance of the holiday. Provided, that any state office may be opened in the event of an emergency and the State Personnel Board may grant a blanket approval for the openings of state offices needing to be open on holidays on a regular basis for essential services. Any state employee working on a state holiday shall receive a day one hour of compensatory leave or paid compensation for each hour worked up to a maximum of eight hours in lieu of the holiday as provided herein.

"(2) For the purposes of this subsection, a "state holiday" means an eight-hour day.

"(f) Each employee shall attempt to schedule any compensatory leave day provided in lieu of a regularly scheduled holiday, subject to the approval of the supervisor, during the quarter that the regularly scheduled holiday occurred. If any compensatory leave day cannot be scheduled during the designated quarter, the compensatory leave day may be accumulated at the request of the employee for up to one year. Supervisors failing to schedule compensatory leave days for employees within the quarter, unless the day is carried forward at the request of the employee, shall justify that action in writing to the Director of State Personnel and the employee shall receive pay at a rate not less than the employee's usual and customary rate of pay for any compensatory leave day to which the employee may be entitled and which has not been taken."

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

State Agencies

State Employees

Furloughs

Governor

Compensation

Personnel Department

Code Amended