Section 2920.35  Holiday Pay

a)         Amounts which an individual is entitled to receive and receives for a holiday shall be treated as wages.

b)         For the purposes of this Section, a holiday is defined as a day of public commemoration or celebration during which the employee performs no services pursuant to the employer's pay plan or labor-management agreement.  A holiday is not limited to official legal holidays.

c)         Unless the labor-management agreement or employer's pay plan stipulates otherwise, such holiday pay shall be attributed to, or deemed to be payable with respect to, the week in which the holiday occurs or is celebrated.  The date on which such pay is received does not affect its allocation to the week in which the holiday occurs or is celebrated.

d)         Unless the labor-management agreement stipulates otherwise, whenever the holiday falls within:

1)         An announced vacation or inventory period as provided by Section 2920.25; or,

2)         A designated vacation period in connection with a separation or layoff as provided by Section 2920.30;

an individual who receives holiday pay shall be deemed to have received wages for a normal work day on the day the holiday occurs or is celebrated.

Example:  For the week ending November 14, an individual is entitled to 5 days of vacation pay and 1 day holiday pay for Veterans Day which occurs on November 11.  The vacation pay for 4 days and the holiday for November 11 shall be deducted from the benefit week ending November 14.  The vacation period, however, is extended to the next week by one day. Vacation pay for the day shall be deducted in full from the benefits for the week ending November 21.