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HomeMy WebLinkAboutResolutions - 2024.11.21 - 41699 AGENDA ITEM: Amendment to Merit Rule 26 - Legal Holidays DEPARTMENT: Human Resources MEETING: Board of Commissioners DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4675 Motion to adopt the proposed amendment to Merit Rule 26 - Legal Holidays to provide an additional floating holiday - increasing from one (1) to two (2) days - for full-time eligible employees only who are required to work on-site 100% of the time (non-hybrid). ITEM CATEGORY SPONSORED BY Merit System Brendan Johnson INTRODUCTION AND BACKGROUND Currently, Merit Rule 26 - Legal Holidays - provides one (1) Floating Holiday to all full-time eligible employees, to be used at their discretion. The Floating Holiday (FLT) must be used before December 31st each year, and cannot be rolled over or cashed out. Upon adopting a Hybrid Work Policy, the Board of Commissioners authorized Human Resources to identify policies and practices to enhance the work/life balance of full-time eligible (FTE) employees who are required to work onsite, and are not afforded the opportunity to work a hybrid schedule. To accomplish this, Human Resources is proposing to amend Merit Rule 26 to provide an additional Floating Holiday - increasing from one (1) to two (2) days - for full-time eligible employees only who are required to work on-site 100% of the time (non-hybrid). POLICY ANALYSIS The proposed amendment to Merit Rule 26 adds one additional floating holiday for full-time, non- hybrid employees each calendar year. At the beginning of each calendar year, all full-time employees will be required to choose whether they will be working in a hybrid or non-hybrid environment. There is no financial impact related to this amendment. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Heather Van Poucker Sunil Asija, Director Human Resources ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024 AGENDA DEADLINE: 11/21/2024 9:30 AM ATTACHMENTS 1. HR - Floating Holiday Expansion BOC Memo 2. Merit Rule 26-update 2024 REVISED 3. Merit Rule 26-update 2024 Floating Holiday Expansion CLEAN1 COMMITTEE TRACKING 2024-11-12 Legislative Affairs & Government Operations - Recommend to Board 2024-11-21 Full Board - Adopt Motioned by: Commissioner Brendan Johnson Seconded by: Commissioner Linnie Taylor Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor (15) No: Michael Spisz, Kristen Nelson, Robert Hoffman (3) Abstain: None (0) Absent: (0) Passed OAKLAND COUNTY EXECUTIVE DAVID COULTER Sunil Asija, Director Human Resources 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | OakGov.com TO: David T. Woodward, Chairman of the Board of Commissioners Brendan Johnson, Chairperson of the Legislative Affairs and Government Operations Committee FROM: Sunil Asija, Director of Human Resources Heather Van Poucker, Deputy Director of Human Resources RE: Recommendation to expand floating holiday for on-site employees (Merit Rule 26: Legal Holidays) DATE: 11/12/2024 BACKGROUND: In September, 2024 the Board removed the sunset on its Hybrid Work Policy, transitioning it to a standing workplace policy. With that action, the Board also authorized Human Resources to pursue companion policies and practices to enhance flexibility and work/life balance for on-site employees. RECOMMENDATION: Expand floating holidays for full-time, on-site employees (non-hybrid) from 1 to 2 days (8 hours each) per year. FINANCIAL IMPACT: Floating holidays cannot be cashed in at any time and have no cash value. APPLICATION: This applies to all non-union employees and to any union employees where the union contract adopts the Merit Rules by reference. Where a union contract provides something different, that document applies. IMPLEMENTATION & ADMINISTRATION: This first year we will use broad communications and direct outreach to communicate existing requirements for hybrid schedules, including firm deadlines for entering hybrid status into Workday prior to the end of the calendar year. Going forward, we intend to include the annual election of hybrid work schedules into the open enrollment process to ensure regular review and update. HR will send hybrid status reports to departments in December each year for quality control and certification that their department workforce has accurately registered hybrid/on-site status. PROPOSED MERIT RULE CHANGES: See attached. REVISED 11/21/2024 26-1 26. LEGAL HOLIDAYS 26.1 DEFINITION 26.1.1 The following holidays are recognized as holidays by the County of Oakland. New Year's Day - January 1 Martin Luther King's Day - The third Monday in January President's Day - The third Monday in February Memorial Day - The last Monday in May Independence Day - July 4 Labor Day - The first Monday in September Election Day - The Tuesday following the first Monday in November in even years, this includes national, state and local government representatives at all levels up to the governor and president. Veterans' Day - November 11 Thanksgiving Day - The fourth Thursday in November Friday after Thanksgiving Christmas Eve Day - December 24 Christmas Day - December 25 New Year's Eve Day - December 31 26.1.2 In addition to the above holidays, County employees will receive effective the first pay period following their hire date one "Floating Holiday" equivalent to one 8 hour work day, each calendar year. When using the Floating Holiday, employees shall be granted the day off and shall be paid at their regular rate for the day, just as if they had worked. There shall be no holiday premium pay for this day. The employee's department head shall be responsible for considering the best interest of the department and County service when approving use of the Floating Holiday. The remaining Section of this rule shall not apply to the Floating Holiday provision. In addition to the above holidays, full-time County employees will receive one “Floating Holiday” each calendar year. Full-time on-site (non-hybrid) employees will receive an additional Floating Holiday (two 8-hour days in total) each calendar year. Floating Holiday time is awarded and available for use at the beginning of each calendar year. For new hires, it is awarded upon hire. Floating Holiday time is use/lose and does not carry over. Floating Holiday time has no monetary value and cannot be cashed in at any time. A Floating Holiday is equivalent to an 8-hour workday. Departments may set different requirements for use of floating holiday time depending on operational needs. The department head or designee(s) shall be responsible for considering the best interest of the department and County service when approving the use of Floating Holiday time. When using the Floating Holiday time, employees shall be paid at their regular rate. There shall be no holiday premium pay for this day. Use of floating holiday time shall not be counted as hours worked for purposes of calculating overtime. REVISED 11/21/2024 26-2 26.1.2.1 Employees who work remotely any portion of their schedule are required to submit a hybrid schedule in the Workday system and are considered hybrid employees. Hybrid employees are not eligible for the additional floating holiday. 26.1.2.2 A hybrid employee who misrepresents their schedule to receive on-site benefits, such as the additional floating holiday, will be subject to disciplinary action and will be required to forfeit any benefits/time gained through the misrepresentation of their on-site/hybrid status. 26.1.2.3 If a hybrid employee loses their eligibility to work hybrid due to performance or operational needs, or due to a change in position, and that change exceeds four (4) consecutive months, the employee will receive the additional floating holiday for on-site employees on a prorated basis. 26.1.2.4 If an employee experiences a qualifying life event that requires they change from on-site to hybrid, or vice versa, the additional floating holiday time will be prorated and either awarded (if changing from hybrid to on-site) or adjusted (if changing from on-site to hybrid.) If there is insufficient floating holiday time remaining to offset the change in status, the time will be adjusted from a leave bank of the employee’s choosing. For purposes of this section, a qualifying life event is one which triggers eligibility to make benefit changes outside of the open enrollment period. 26.1.2.5 The department head or designee(s) shall be responsible for periodically reviewing and validating on-site and hybrid work status reports, and annually certifying accuracy and guard against misuse. The remaining Section of this rule shall not apply to the Floating Holiday provision. 26.1.3 County Clerk Elections Division employees who are required to work on Election Day, will not recognize this day as a holiday. County Clerk Elections Division employees will receive one (1) additional Floating Holiday to compensate for working on the Election Day holiday in the subsequent year following an Election Day holiday. This day will be used in the same manner as the Floating Holiday in 26.1.2. 26.2 HOLIDAYS FALLING ON SUNDAY 26.2.1 Whenever New Year's Day, Independence Day, Veterans' Day, or Christmas Day falls on Sunday, the following Monday shall be a Holiday. 26.2.2 Whenever Christmas Eve or New Year’s Eve falls on Sunday, the preceding Friday shall be a holiday. 26.3 HOLIDAYS FALLING ON SATURDAY 26.3.1 Whenever Independence Day, Veterans' Day, Christmas Eve Day or New Year’s Eve Day falls on Saturday, the preceding Friday shall be a Holiday. 26.3.2 Whenever Christmas Day or New Year’s Day falls on Saturday, the following Monday shall be a Holiday. REVISED 11/21/2024 26-3 26.4 HOLIDAYS OFFICIALLY CELEBRATED ON MONDAY 26.4.1 Whenever one of the designated Holidays is celebrated on Monday, in compliance with Act 12 of the Public Acts of 1969, that Monday shall be considered as the Official Holiday for the purpose of these regulations. 26.5 EFFECT OF LEGAL HOLIDAYS 26.5.1 All County departments and institutions shall be closed on these designated Holidays except those departments and institutions which must stay open to provide continuous round-the-clock service. 26.5.2 County employees eligible for employee benefits under Rule 22 shall be granted time off with pay except as otherwise indicated in the provisions of this rule. 26.5.3 In those County departments and institutions which provide 24 hour, 7 days a week service, those employees on seven-day scheduling shall be designated eligible for holiday compensation on the actual holiday rather than the County celebrated holiday. 26.5.3.1 In those instances when New Year's Eve Day, New Year's Day, Independence Day, Veteran's Day, Christmas Eve Day, or Christmas Day falls on Saturday or Sunday these designated employees shall be compensated for the actual day on which the holiday falls. (Section 26.2 and Section 26.3 of this Rule shall not affect these designated employees.) 26.5.3.2 Under no circumstances shall an employee be eligible to receive holiday pay for both the County celebrated holiday and the actual holiday when the two do not coincide. 26.5.3.3 This shall apply to employees in positions assigned to workstations providing weekend service and excluding employees normally assigned to a Monday through Friday work schedule. 26.6 METHODS OF COMPENSATION FOR LEGAL HOLIDAYS 26.6.1 The following provisions apply only to those employees both eligible for employee benefits under Rule 22 and eligible for overtime under Rule 2, Section 2.10.2. 26.6.2 Eligible, but less-than-full-time employees shall be compensated for Legal Holidays in the same manner as full-time employees, except: 26.6.2.1 The compensation for those who actually worked the Holiday in question but who worked less than a full shift, shall be based on the hours actually worked. 26.6.2.2 The compensation for those who did not work the Holiday in question shall be based on their pro-ration for employee benefits of the previous pay period. (The ratio between the hours actually worked in the previous pay period and a full eighty hour pay period.) 26.6.3 Situations 26.6.3.1 Employees normally scheduled to work on the day in question, but who do not because they have been granted the day off with pay because it is a Legal Holiday: REVISED 11/21/2024 26-4 26.6.3.1.1 Shall be paid at their regular rate for the day, just as if they had worked. 26.6.3.2 Employees whose normal scheduled day off falls on the day in question, because of the assigned shift, and who do not work the day shall be granted an extra day's pay at the employee's regular rate. 26.6.3.3 Employees normally scheduled to work the day in question, but who would get it off with pay because it is a Legal Holiday, but who are assigned to work the day in spite of it being a Legal Holiday: 26.6.3.3.1 For the Legal Holiday the employee shall be granted: • A day's pay at the employee's regular rate. 26.6.3.3.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.6.3.4 Employees whose normal day off falls on the day in question because of the assigned shift, but who are assigned to and work the day in spite of it being a normal day off and Legal Holiday: 26.6.3.4.1 For the Legal Holiday, the employee shall be granted a day and one half in pay. 26.6.3.4.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.7 EFFECTS OF LEGAL HOLIDAYS ON OTHER EMPLOYEE BENEFITS 26.7.1 Effect of Legal Holidays on Sick Leave Reserve 26.7.1.1 Legal Holidays falling within a period when an employee is on Sick Leave Reserve shall be counted as the Legal Holiday off and shall not be deducted from the employee's Sick Leave Reserve accumulation. 26.7.2 Effect of Legal Holidays on Annual Leave 26.7.2.1 Legal Holidays falling within a period when an employee is on Annual Leave, shall be counted as the Legal Holiday off and shall not be deducted from the employee's Annual Leave Accumulation. 26.7.3 Effect of Legal Holidays on Personal Leave 26.7.3.1 Legal Holidays falling within a period when an employee is on Personal Leave shall be counted as the Legal Holiday off and shall not be deducted from the employee's Personal Leave accumulation. 26.7.4 Effect of Legal Holidays on Leave of Absence 26.7.4.1 Employees on Leave of Absence Without Pay shall not receive Legal Holidays off with pay and shall not accumulate equivalent time off with pay for such Legal Holidays. An employee shall not receive pay for the Legal Holiday if they are on Leave of Absence Without Pay the day before the Legal Holiday and/or the day after the Legal Holiday. REVISED 11/21/2024 26-1 26. LEGAL HOLIDAYS 26.1 DEFINITION 26.1.1 The following holidays are recognized as holidays by the County of Oakland. New Year's Day - January 1 Martin Luther King's Day - The third Monday in January President's Day - The third Monday in February Memorial Day - The last Monday in May Juneteenth - June 19 Independence Day - July 4 Labor Day - The first Monday in September Election Day - The Tuesday following the first Monday in November in even years, this includes national, state and local government representatives at all levels up to the governor and president. Veterans' Day - November 11 Thanksgiving Day - The fourth Thursday in November Friday after Thanksgiving Christmas Eve Day - December 24 Christmas Day - December 25 New Year's Eve Day - December 31 26.1.2 In addition to the above holidays, full-time County employees will receive one “Floating Holiday” each calendar year. Full-time on-site (non-hybrid) employees will receive an additional Floating Holiday (two 8-hour days in total) each calendar year. Floating Holiday time is awarded and available for use at the beginning of each calendar year. For new hires, it is awarded upon hire. Floating Holiday time is use/lose and does not carry over. Floating Holiday time has no monetary value and cannot be cashed in at any time. A Floating Holiday is equivalent to an 8-hour workday. Departments may set different requirements for use of floating holiday time depending on operational needs. The department head or designee(s) shall be responsible for considering the best interest of the department and County service when approving the use of Floating Holiday time. When using the Floating Holiday time, employees shall be paid at their regular rate. There shall be no holiday premium pay for this day. Use of floating holiday time shall not be counted as hours worked for purposes of calculating overtime. 26.1.2.1 Employees who work remotely any portion of their schedule are required to submit a hybrid schedule in the Workday system and are considered hybrid employees. Hybrid employees are not eligible for the additional floating holiday. 26.1.2.2 A hybrid employee who misrepresents their schedule to receive on-site benefits, such as the additional floating holiday, will be subject to disciplinary REVISED 11/21/2024 26-2 action and will be required to forfeit any benefits/time gained through the misrepresentation of their on-site/hybrid status. 26.1.2.3 If a hybrid employee loses their eligibility to work hybrid due to performance or operational needs, or due to a change in position, and that change exceeds four (4) consecutive months, the employee will receive the additional floating holiday for on-site employees on a prorated basis. 26.1.2.4 If an employee experiences a qualifying life event that requires they change from on-site to hybrid, or vice versa, the additional floating holiday time will be prorated and either awarded (if changing from hybrid to on-site) or adjusted (if changing from on-site to hybrid.) If there is insufficient floating holiday time remaining to offset the change in status, the time will be adjusted from a leave bank of the employee’s choosing. For purposes of this section, a qualifying life event is one which triggers eligibility to make benefit changes outside of the open enrollment period. 26.1.2.5 The department head or designee(s) shall be responsible for periodically reviewing and validating on-site and hybrid work status reports, and annually certifying accuracy and guard against misuse. The remaining Section of this rule shall not apply to the Floating Holiday provision. 26.1.3 County Clerk Elections Division employees who are required to work on Election Day, will not recognize this day as a holiday. County Clerk Elections Division employees will receive one (1) additional Floating Holiday to compensate for working on the Election Day holiday in the subsequent year following an Election Day holiday. This day will be used in the same manner as the Floating Holiday in 26.1.2. 26.2 HOLIDAYS FALLING ON SUNDAY 26.2.1 Whenever New Year's Day, Independence Day, Veterans' Day, or Christmas Day falls on Sunday, the following Monday shall be a Holiday. 26.2.2 Whenever Christmas Eve or New Year’s Eve falls on Sunday, the preceding Friday shall be a holiday. 26.3 HOLIDAYS FALLING ON SATURDAY 26.3.1 Whenever Independence Day, Veterans' Day, Christmas Eve Day or New Year’s Eve Day falls on Saturday, the preceding Friday shall be a Holiday. 26.3.2 Whenever Christmas Day or New Year’s Day falls on Saturday, the following Monday shall be a Holiday. 26.4 HOLIDAYS OFFICIALLY CELEBRATED ON MONDAY 26.4.1 Whenever one of the designated Holidays is celebrated on Monday, in compliance with Act 12 of the Public Acts of 1969, that Monday shall be considered as the Official Holiday for the purpose of these regulations. REVISED 11/21/2024 26-3 26.5 EFFECT OF LEGAL HOLIDAYS 26.5.1 All County departments and institutions shall be closed on these designated Holidays except those departments and institutions which must stay open to provide continuous round-the-clock service. 26.5.2 County employees eligible for employee benefits under Rule 22 shall be granted time off with pay except as otherwise indicated in the provisions of this rule. 26.5.3 In those County departments and institutions which provide 24 hour, 7 days a week service, those employees on seven-day scheduling shall be designated eligible for holiday compensation on the actual holiday rather than the County celebrated holiday. 26.5.3.1 In those instances when New Year's Eve Day, New Year's Day, Independence Day, Veteran's Day, Christmas Eve Day, or Christmas Day falls on Saturday or Sunday these designated employees shall be compensated for the actual day on which the holiday falls. (Section 26.2 and Section 26.3 of this Rule shall not affect these designated employees.) 26.5.3.2 Under no circumstances shall an employee be eligible to receive holiday pay for both the County celebrated holiday and the actual holiday when the two do not coincide. 26.5.3.3 This shall apply to employees in positions assigned to workstations providing weekend service and excluding employees normally assigned to a Monday through Friday work schedule. 26.6 METHODS OF COMPENSATION FOR LEGAL HOLIDAYS 26.6.1 The following provisions apply only to those employees both eligible for employee benefits under Rule 22 and eligible for overtime under Rule 2, Section 2.10.2. 26.6.2 Eligible, but less-than-full-time employees shall be compensated for Legal Holidays in the same manner as full-time employees, except: 26.6.2.1 The compensation for those who actually worked the Holiday in question but who worked less than a full shift, shall be based on the hours actually worked. 26.6.2.2 The compensation for those who did not work the Holiday in question shall be based on their pro-ration for employee benefits of the previous pay period. (The ratio between the hours actually worked in the previous pay period and a full eighty hour pay period.) 26.6.3 Situations 26.6.3.1 Employees normally scheduled to work on the day in question, but who do not because they have been granted the day off with pay because it is a Legal Holiday: 26.6.3.1.1 Shall be paid at their regular rate for the day, just as if they had worked. 26.6.3.2 Employees whose normal scheduled day off falls on the day in question, because of the assigned shift, and who do not work the day shall be granted an extra day's pay at the employee's regular rate. REVISED 11/21/2024 26-4 26.6.3.3 Employees normally scheduled to work the day in question, but who would get it off with pay because it is a Legal Holiday, but who are assigned to work the day in spite of it being a Legal Holiday: 26.6.3.3.1 For the Legal Holiday the employee shall be granted: • A day's pay at the employee's regular rate. 26.6.3.3.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.6.3.4 Employees whose normal day off falls on the day in question because of the assigned shift, but who are assigned to and work the day in spite of it being a normal day off and Legal Holiday: 26.6.3.4.1 For the Legal Holiday, the employee shall be granted a day and one half in pay. 26.6.3.4.2 In addition, for the time actually worked on the Legal Holiday, the employee shall be granted time and one-half in pay. 26.7 EFFECTS OF LEGAL HOLIDAYS ON OTHER EMPLOYEE BENEFITS 26.7.1 Effect of Legal Holidays on Sick Leave Reserve 26.7.1.1 Legal Holidays falling within a period when an employee is on Sick Leave Reserve shall be counted as the Legal Holiday off and shall not be deducted from the employee's Sick Leave Reserve accumulation. 26.7.2 Effect of Legal Holidays on Annual Leave 26.7.2.1 Legal Holidays falling within a period when an employee is on Annual Leave, shall be counted as the Legal Holiday off and shall not be deducted from the employee's Annual Leave Accumulation. 26.7.3 Effect of Legal Holidays on Personal Leave 26.7.3.1 Legal Holidays falling within a period when an employee is on Personal Leave shall be counted as the Legal Holiday off and shall not be deducted from the employee's Personal Leave accumulation. 26.7.4 Effect of Legal Holidays on Leave of Absence 26.7.4.1 Employees on Leave of Absence Without Pay shall not receive Legal Holidays off with pay and shall not accumulate equivalent time off with pay for such Legal Holidays. An employee shall not receive pay for the Legal Holiday if they are on Leave of Absence Without Pay the day before the Legal Holiday and/or the day after the Legal Holiday.