SB410 By Senators Shelnutt and Marsh RFD Finance and Taxation General Fund Rd 1 23-APR-15

SYNOPSIS: Under existing law, state employees receive compensation on designated state holidays and employees working on a state holiday receive compensatory leave or compensation in lieu of the holiday.

This bill would provide that Confederate Memorial Day and Jefferson Davis' birthday are unpaid holidays, unless the Governor declares these holidays to be paid holidays at the beginning of the calendar year.

This bill would provide that if the Governor does not designate Confederate Memorial Day and Jefferson Davis' birthday as paid holidays, he or she may designate up to two additional paid holidays during the calendar year.

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 or the time worked and would define a state holiday as an eight-hour day.

A BILL TO BE ENTITLED AN ACT

To amend Section 1-3-8, Code of Alabama 1975, to provide that Confederate Memorial Day and Jefferson Davis' birthday are unpaid holidays, unless designated otherwise by the Governor; to provide for the designation of two additional paid holidays for state employees under certain conditions; to limit the number of paid state holidays for state employees; and 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. Section 1-3-8, Code of Alabama 1975, is amended to read as follows:

§1-3-8.

"(a) 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.

"(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)(1) For purposes of this section, Confederate Memorial Day and Jefferson Davis' birthday are unpaid holidays, unless at the beginning of each calendar year, the Governor designates these holidays as paid holidays. If the Governor does not declare these holidays as paid holidays, he or she may designate up to two additional paid holidays during the calendar year.

"(2) Notwithstanding subdivision (1), there shall be no more than 13 paid state holidays in a calendar year for state employees.

"(3) For the purposes of this subsection, "unpaid holiday" means a holiday for which a state employee receives no compensation unless he or she uses annual leave or otherwise accounts for the time as provided by law or rules of the State Personnel Department.

"(c) (d) 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) (e) 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) (f)(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 upt 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) (g) 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 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

State Employees

Compensation

State Agencies

State Personnel Board

Governor

Code Amended