Hello all,
We are having a make-up day on President's Day. For classified staff would we be required to be pay
them overtime?
Thanks,
Dawnna Cron, Treasurer
Bradford EVSD
Below are all the responses I received.

That is a holiday (most likely) in the classified world. So, if they work that day I would say
yep, OT. The good news - nothing extra for the teachers.

You need to check your negotiated agreement – does it indicate that President’s day is a holiday? Does it
stipulate that Holiday pay is double time? If so, you will need to pay them double time.

Only if they work more than 40 hours. Overtime is paid on actual hours worked.

Yes, If it is one of their scheduled holidays.

That was always my understanding and maybe even Holiday pay (double time?) but I’m not sure about that part.
That is why we have never considered it seriously.

Depends on your negotiated agreement, if you have one. If you do not have one, they would
be entitled to and additional day of pay (holiday and day worked). Overtime would be
dependent on whether or not you pay 1-1/2 over forty hours in a week, including sick or other
leave.

depends on what the calendar has on it. We would not since right now it is set as a non-paid non-workday. I
would check with your legal advisor.

It depends on your collective bargaining agreement. Only your 260 day/year employees
should be affected if you do.

We ran into this situation last year. It depends if anything is written in your negotiated
agreement. We do not have nay language about this situation. For us, we did not pay 9 month
employees extra for President's Day because we did not deduct a day's wages from them for
the day they missed work because of weather. For standard staff under contract, they already
got paid for that day. In our agreement 12 month employees get paid for President's day, but 9
month employees do not. For 12 month employees who did not miss any work because of
weather (Our custodians and Board office staff report on calamity days) we gave them an extra
vacation day in June.

I’m sure it’s all negotiable based upon a union contract if it exists.

Our union contract would require us to pay over-time. You need to check your contract to be sure.

I do not think you have to pay overtime on non-worked hours such as holidays I'm anxious to see what other folks
say.... we offer Presidents' Day as a holiday for just our 260-day contracted folks, so if we were to have a makeup
day that day (we leave it off the list just for that reason) yes, we would have to pay overtime. Everyone's situation
will be different because Presidents' Day isn't on the official "list" of holidays in the school law book. Good luck!

Our contract says that we will pay time and ½ for that day worked because it is a paid holiday for classified. We
are not using that day for makeup.

If President's Day is considered a HOLIDAY on the classified calendar, then yes you pay time-and-a-half. That's
why a few years ago, we don't consider Pres. Day as a holiday........it's just a non-duty day. That way if we have
to use it as a make-up day, then it's just regular time.

Are these employees under a contract? If so the terms of the contract dictate this answer. If not and they only will
work 40 hours in the week the law says you must pay overtime when a person works more than 40 hours in on
week.

From my perspective, I would think that those classified indiviuals that actually worked on the day that school was
closed, would deserve overtime pay, unless you do not require them to come in on President's Day. (Janitors,
Payroll, Accounts Payable, Secretaries, Bus Mechanic). Everyone else would be required to work that day to
make up for the day off without additional pay!

It seems that if they were also off on the day certified staff is making up, they wouldn’t be required to be paid
for the make-up day. After all, they did get paid for being off on the calamity day unless you docked them, and
they probably have holiday pay figured in their contract, too. If you pay them again for the holiday, you will
have paid them twice. You should check your negotiated agreement, though, to see if you have to pay premium
pay for working on a holiday. If so, you would probably owe them at least ½ their hourly rate for having to come
in. (Already paid for calamity day, already paid for holiday pay, plus ½ to make premium pay.)

If its a paid holiday for them already, then i would think so. If its not, then no. Would depend on your
negotiated agreement. Good luck - wish we were making one up Monday too!

That is not a paid holiday for our classified employees.

If that is a scheduled holiday for you then its overtime. That’s why we stay away from rescheduling on holidays.

If this is a paid holiday for your classified staff then the answer would be yes. My
understanding is that you would be required to pay them their hours of holiday pay plus the
hours they work times 2. This is what has been negotiated in our agreements yours may be
different.

Yes if over 40 hours or offer them comp time. If you have negotiated agreement, refer to it.

If it’s in your negotiated agreement that President’s Day is a holiday then they would receive OT if they work
more than 40 hrs in a week. Monday is a make-up day for TV as well but Pres. Day isn’t a holiday for us.

We do not have a classified union. But, we would not pay them overtime. Our people only get overtime if they
actually work over 40 hours in a week.

I would think that would depend on what your collective bargaining agreement says. If you don't have
one, I'm not sure.

President's Day is not listed as a holiday for our classified staff. We are going to use Monday as a make-up day
also.

I would say not really overtime but holiday pay plus time worked.

I’d check the negotiated agreement and with the attorney, but I bet you will if it’s a paid holiday for them!

When we did that last year, they graciously agreed to (sporadically) take a comp day so that
everyone wasn't off at one time and so that we didn't have to pay their rate of pay at OT, subs
for their comp day would be cheaper. The only real burden was scheduling. Some wanted to
stretch out a holiday weekend or take off the last day of school, things like that. We told them
that "personal leave" rules applied: no extending holidays and no days off the last two weeks
of school. It was met with some grumbling, but all in all we would do it again for the sake of
saving so much money.

We don't either but on their yearly schedule it is listed as one of their holidays. You might get away with
not but if you have one complain I bet they would all go along with the complaint. It is probably a gray
area since there is no real contract and it is not like it is Christmas or one of those type of holidays.

I would imagine your 260 day classified staff would be working anyway and would not receive any more pay. Your
aids or other staff would just be making up the days missed and would not receive additional pay either.

If it is a paid holiday in their union contract you would have to pay them for the holiday but if it is a
make up day they have already be paid for the day now they are just providing the work so don't think
you should.

Yes, if they worked the snow day that you are making up. When we have done this, we have also offered them
another day off to use within the next pay period.

Per our contract, only actual time worked is considered when figuring overtime. Since Presidents Day is a paid
holiday, they would get double pay. Holiday pay and regular pay.

By Ohio Revised Code 3319.087, President’s Day is not a holiday which would require you to pay overtime.
However, if it is a holiday through a locally negotiated agreement or board approved policy/employee manual,
you would probably need to pay overtime, but I would check with legal representation first.

It depends on whether or not you have a negotiated agreement or work rules that has overtime procedures that
are spelled out with them. If you do, that agreement/work rules should state whether or not time in "pay status"
counts towards hours worked for the calculation of overtime. If this is a paid holiday for them and they count that
as being in pay status for overtime, you would pay them for the full holiday pay and time and also time and a half
for the hours worked that day. However, if you do not have a negotiated agreement or spelled out work rules,
your classified staff would fall under the fair labor standards act. In this case you are required to pay time and a
half overtime for all work performed actually performed over 40 hours in one week. You would not be required to
pay time and a half for overtime and may not even be required to pay for the holiday depending on whether or not
a paid holiday had been approved by the Board by motion or policy.

Only if their actual work hours exceed 40 hours.

Overtime pay is only paid if a person physically works over 40 hours in the workweek so unless your
negotiated agreement says differently, you can just pay them their regular hourly rate for time worked that day
(in addition to the holiday pay built in to their contract pay) as we are. Technically that ends up being double
time anyway.

No

If their contract says that it is one of their holidays then you would. That is my understanding any way.

If the day is considered a holiday by contract. Our 12 month employees are working and we will not be paying
them 1.5 because it is not considered a holiday by our contract. For all other classified employees it is a “nonworkday”.

If they are union, it would depend on what their contract dictates. If it a paid holiday and they
are not union, I would think you would have to pay them double time.

Check the Ohio Revised Code but I think the answer is yes. It may also depend on what is in your contract.

The following is from ORC 3319.087 paid holidays