WEST virginia legislature

2024 regular session

Enrolled

Committee Substitute

for

Senate Bill 557

By Senators Oliverio, Caputo, Hamilton, Grady, Maroney, Queen, and Deeds

[Passed March 9, 2024, in effect 90 days form passage]

AN ACT to amend and reenact §8-15-10a of the Code of West Virginia, 1931, as amended, relating to compensation for firefighters who are required to work holidays; establishing that firefighters who are required to work during a legal holiday are entitled to compensation for their entire shift even if the shift spans two calendar days.

Be it enacted by the Legislature of West Virginia:

article 15. fire fighting; fire companies and departments; civil service for paid fire departments.

§8-15-10a. Holiday compensation for firefighters.

(a) From the effective date of this section, if any member of a paid fire department is required to work during a legal holiday as is specified in §2-2-1(a) of this code, or if a legal holiday falls on the member's regular scheduled day off, he or she shall be allowed equal time off, at such time as may be approved by the chief executive officer of the department under whom he or she serves or, in the alternative, shall be paid at a rate not less than one and one-half times his or her regular rate of pay: Provided, That if a special election of a political subdivision other than a municipality falls on a Saturday or Sunday, the municipality may choose not to recognize the day of the election as a holiday if a majority of municipality's city council votes not to recognize the day of the election as a holiday.

(b) Effective July 1, 2024, unless otherwise provided by contract, collective bargaining agreement, or settlement agreement, if any member of a paid fire department is required to work during a legal holiday as is specified in §2-2-1(a) of this code, or if a legal holiday falls on the member's regular scheduled day off, he or she shall be allowed time off equal to his or her shift even if the shift spans two calendar days, at such time as may be approved by the chief executive officer of the department under whom he or she serves or, in the alternative, shall be paid at a rate not less than one and one-half times his or her regular rate of pay, equal to his or her shift, even if the shift spans two calendar days: Provided, That if a special election of a political subdivision other than a municipality falls on a Saturday or Sunday, the municipality may choose not to recognize the day of the election as a holiday if a majority of the municipality's city council votes not to recognize the day of the election as a holiday.