H. B. 2350
(By Delegates Dempsey, Beane and Preece)
[Introduced February 3, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article two, chapter two
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to holiday observation for
state, city and county employees.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter two of the code of
West Virginia, one thousand nine hundred thirty-one, 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.
The following days shall be regarded, treated and observed as legal holidays, viz: The first day of January, commonly
called "New Year's Day"; the third Monday of January, commonly
called "Martin Luther King's Birthday"; the twelfth day of
February, commonly called "Lincoln's Birthday"; the third Monday
of February, commonly called "Washington's Birthday"; the last
Monday in May, commonly called "Memorial Day"; the twentieth day
of June, commonly called "West Virginia Day"; the fourth day of
July, commonly called "Independence Day"; the first Monday of
September, commonly called "Labor Day"; the second Monday of
October, commonly called "Columbus Day"; the eleventh day of
November, hereafter referred to as "Veterans' Day"; the fourth
Thursday of November, commonly called "Thanksgiving Day"; the
twenty-fifth day of December, commonly called "Christmas Day";
any national, state or other election day throughout the district
or municipality wherein the election is held; and all days which
may be appointed or recommended by the governor of this state, or
the president of the United States, as days of thanksgiving, or
for the general cessation of business; and when any of these days
or dates falls on a Sunday, then the succeeding Monday shall be
regarded, treated and observed as the legal holiday,
and when any of these days or dates falls on a Saturday, then the preceding
Friday shall be observed as the legal holiday. This article
applies not only to the observation of legal holidays by state
employees, but to county and municipal employees alike:
Provided,
That any state, county or municipal employee who works
on the Friday preceding the holiday or on the Monday succeeding
the holiday shall receive only his or her normal rate of pay with
no additional holiday compensation:
Provided, however,
That if
any state, county or municipal employee works on the Saturday or
Sunday of which the legal holiday falls, then he or she shall
receive holiday compensation for those days worked, even though
he or she did not work on the preceding Friday or the succeeding
Monday in observance of the legal holiday.
When the return day of any summons or other court proceeding
or any notice or time fixed for holding any court or doing any
official act shall fall on any of these holidays, the next
ensuing day which is not a Saturday, Sunday or legal holiday
shall be taken as meant and intended: Provided, That nothing
herein contained shall increase nor diminish the legal school
holidays provided for in section two, article five, chapter eighteen-a of this code.
NOTE: The purpose of this bill is to allow state, county
and municipal employees to observe legal holidays without a
proclamation from the governor and to allow the observance of a
legal holiday on the preceding Friday when that holiday falls on
a Saturday. This bill also provides that when such employees
work on the preceding Friday or the succeeding Monday that he or
she will not receive any additional holiday compensation, such as
time and one-half; however, if such employees work on the legal
holiday which falls on a Saturday or Sunday, then he or she will
receive holiday compensation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.