Nebraska Administrative Code
Section 273-9-003 - HOLIDAYS

Current through November 25, 2023

See Neb. Rev. Stat. § 84-1001.

003.01 WEEKEND HOLIDAYS. When a holiday falls on the first day of an employee's weekend, it will be observed on the preceding day. When a holiday falls on the second day of an employee's weekend, it will be observed on the following day. A weekend is two consecutive days off in the employee's normal work schedule.

003.02 WORK ON AN OBSERVED OR ACTUAL HOLIDAY. Full-time or part-time employees, not to include temporary employees, eligible for time and one-half overtime will receive time and one- half compensation, either in the form of pay or time off within the next 12-month period, for hours actually worked on the holiday (either observed or actual, but not both). This is in addition to holiday leave pay for hours scheduled to work that day. All hours worked on a holiday in excess of an employee's normally scheduled work day will be compensated at two times the employee's normal hourly rate. In no case will an employee receive both additional pay and time off for an observed or actual holiday.

003.03 ELIGIBILITY FOR HOLIDAY LEAVE. Unless excused by their supervisor, employees will be in a pay status on the work day immediately preceding and the work day immediately following an observed holiday in order to receive compensation for that day. Employees will not receive holiday pay or time off if the holiday occurs during a period of non-paid leave. However, if the holiday occurs during a paid leave, the employee is considered to be on holiday leave for the day of the holiday, rather than any other type of leave.

003.04 TRANSFERRING EMPLOYEES. Holidays which fall between the dates of transfer from one state agency to another are paid for by the agency from which the employee is transferring.

003.05 HOLIDAY LEAVE FOR TEMPORARY EMPLOYEES. Temporary employees are not eligible for holiday leave, and if directed to work on a holiday or observed holiday, are paid for the time worked at their normal rate of pay.

003.06 HOLIDAY LEAVE. Full-time employees will receive holiday compensation equal to one-fifth of their normal scheduled work week for each paid holiday.

003.06(A) HOLIDAY LEAVE FOR PART-TIME EMPLOYEES. Employees working part-time schedules will receive paid time off for holidays on a pro-rated basis. Agencies will use the budgeted percentage of the full time FTE (1.00) when calculating the amount of earnings (e.g., a .60 FTE employee would receive 4.8 hours holiday leave for each holiday (.60 FTE x 8 hours (for full-time) = 4.8 hours)).

Adopted effective 12/21/2021

Amended effective 6/14/2023

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