H. B. 4395
(By Delegates Sumner, Duke and Sobonya)
[Introduced February 6, 2006; referred to the
Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.]
A BILL to amend and reenact º2-2-1 of the Code of West Virginia,
1931, as amended, relating to state holidays; clarifying that
employees who work longer than eight hour days are not charged
leave time for the extra hours off.
Be it enacted by the Legislature of West Virginia:
That º2-2-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF
STATUTES; DEFINITIONS.
§2-2-1. Legal holidays; official acts or court proceedings.
(a) The following days are legal holidays
, with full pay for
all state employees statewide, including state employees who
normally work more than eight hours per day, without charge against
accrued annual or personal leave.
(1) The first day of January is "New Year's Day";
(2) The third Monday of January is "Martin Luther King's Birthday";
(3) The third Monday of February is "Presidents' Day";
(4) The last Monday in May is "Memorial Day";
(5) The twentieth day of June is "West Virginia Day";
(6) The fourth day of July is "Independence Day";
(7) The first Monday of September is "Labor Day";
(8) The second Monday of October is "Columbus Day";
(9) The eleventh day of November is "Veterans' Day";
(10) The fourth Thursday and Friday of November are the
"Thanksgiving Holidays";
(11) The twenty-fifth day of December is "Christmas Day";
(12) Any day on which a general, primary or special election
is held is a holiday throughout the state, a political subdivision
of the state, a district or an incorporated city, town or village
in which the election is conducted;
(13) General election day on even years shall be designated
"Susan B. Anthony Day," in accordance with the provisions of
subsection (b), section one-a of this article; and
(14) Any day proclaimed or ordered by the Governor or the
President of the United States as a day of special observance or
Thanksgiving, or a day for the general cessation of business, is a
holiday.
(b) If a holiday otherwise described in subsection (a) of this
section falls on a Sunday, then the following Monday is the legal
holiday. If a holiday otherwise described in subsection (a) of
this section falls on a Saturday, then the preceding Friday is the legal holiday:
Provided, That this subsection (b) shall not apply
to subdivisions (12), (13) and (14), subsection (a) of this
section.
(c) Any day or part thereof designated by the Governor as time
off, without charge against accrued annual leave, for state
employees statewide may also be time off for county employees if
the county commission elects to designate the day or part thereof
as time off, without charge against accrued annual leave for county
employees. Any entire or part statewide day off designated by the
Governor may, for all courts, be treated as if it were a legal
holiday.
(d) In computing any period of time prescribed by any
applicable provision of this code or any legislative rule or other
administrative rule or regulation promulgated pursuant to the
provisions of this code, the day of the act, event, default or
omission from which the applicable period begins to run is not
included. The last day of the period so computed is included,
unless it is a Saturday, a Sunday, a legal holiday or a designated
day off in which event the prescribed period of time runs until the
end of the next day that is not a Saturday, Sunday, legal holiday
or designated day off.
(e) If any applicable provision of this code or any
legislative rule or other administrative rule or regulation
promulgated pursuant to the provisions of this code designates a
particular date on, before or after which an act, event, default or
omission is required or allowed to occur, and if the particular date designated falls on a Saturday, Sunday, legal holiday or
designated day off, then the date on which the act, event, default
or omission is required or allowed to occur is the next day that is
not a Saturday, Sunday, legal holiday or designated day off.
(f) With regard to the courts of this state, the computation
of periods of time, the specific dates or days when an act, event,
default or omission is required or allowed to occur and the
relationship of those time periods and dates to Saturdays, Sundays,
legal holidays, or days designated as weather or other emergency
days pursuant to section two of this article are governed by rules
promulgated by the Supreme Court of Appeals.
(g) The provisions of this section do not increase or diminish
the legal school holidays provided in section two, article five,
chapter eighteen-a of this code.
NOTE: The purpose of this bill is to ensure that state
employees normally working more than eight hours a day receive full
holiday pay for those hours, without charge against accrued annual
or personal leave.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.