H.
B.
4639
(By Delegates Beane, D. Cook and Manuel)
[Introduced March 1, 1994; referred to the
Committee on Political Subdivisions.]
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
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2
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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.
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