Alameda County Municipal Code Ch. 3.16 Holidays

A. Unless mutually agreed in a current memorandum of understanding or sideletter of agreement, paid County of Alameda holidays shall be:

1. January 1st, known as "New Year's Day";

2. The third Monday in January, known as "Dr. Martin Luther King, Jr. Day";

3. February 12th, known as "Lincoln's Birthday";

4. The third Monday in February, known as "Presidents' Day";

5. The last Monday in May, known as "Memorial Day";

6. June 19th, known as "Juneteenth";

7. July 4th, known as "Independence Day";

8. The first Monday in September, known as "Labor Day";

9. November 11th, known as "Veterans Day";

10. The fourth Thursday in November, known as "Thanksgiving";

11. Day after Thanksgiving; and

12. December 25th.

All other days appointed by the President of the United States or the Governor of the State of California as a nationwide or statewide public holiday, day of fast, day of mourning, or day of thanksgiving, provided that observance of the day as a paid holiday is approved in writing by three or more members of the Board of Supervisors ("Board").

B. Four floating holidays are to be scheduled by mutual agreement of the employee and the employee's agency/department head and taken within the calendar year. Any floating holidays not taken before the end of the calendar year shall not carry over to the following calendar year and shall be forfeited. Employees hired on or after July 1st of any year will not be entitled to floating holidays for that calendar year in which they were hired.

C. In the event that January 1 (New Year's Day); February 12 (Lincoln's Birthday); June 19 (Juneteenth); July 4 (Independence Day); November 11 (Veterans Day); or December 25 (Christmas) shall fall on a Saturday, said holiday shall be observed on the preceding Friday. In the event that any of said holidays enumerated in this subsection shall fall on a Sunday, said holiday shall be observed on the following Monday. A day designated by the Board as a nationwide or statewide public holiday, day of fast, day of mourning or thanksgiving and approved by three (3) or more members of the Board shall be granted only to those employees who are regularly scheduled to work on the day for which such holiday is proclaimed.

Notwithstanding the foregoing, when December 25, and January 1 (New Year's Day) appear in the calendar year on a Saturday or Sunday, and a weekend employee is scheduled to work on said day, the employee shall observe the Christmas holiday on December 25 and the New Year's holiday on January 1.

D. In the event that the date of observance of any of the foregoing holidays which coincide with state holidays set forth in Government Code Section 6700 is changed by statute, said holiday shall be observed on the date so established instead of on the date provided for in this Section.

E. The following applies to unrepresented employees:

Floating holidays for less than full-time unrepresented eligible employees whose standard working hours change to full-time after January 1 but prior to July 1 of a calendar year, shall be increased based on the employee's full-time status. The prorated adjustment to the floating holiday hour balance shall not exceed the full-time equivalent amount for four days of floating holidays (thirty-two (32) hours for eighty (80) hours per pay period employees and thirty (30) hours for seventy-five (75) hours per pay period employees) or the full-time equivalent amount in effect for the calendar year. After July 1 of a calendar year, no adjustment will be made to the floating holiday hour balance.

(Ord. 2004-45 § 1; Ord. 2002-61 § 3; Ord. 2001-47 § 1: prior admin. code § 2-8.01)

(Ord. No. 2009-54, § 1, 11-10-09; Ord. No. 2011-28, § 1, 2-1-11; Ord. No. 2016-44, § 1, 9-13-16; Ord. No. 2016-68, § 1, 12-6-16; Ord. No. 2018-56, § 1, 10-9-18; Ord. No. 2023-25, § 1, 6-13-23)

For holidays not worked and which fall on a normal workday, full-time regular nonintermittent employees shall be compensated at straight time, either in time off or in monetary compensation. Holidays and paid time off shall count toward the accumulation of the workweek. Compensation for holidays shall be made by the department head pursuant to the provisions of Chapter 3.28 of this code. Holiday compensation either in cash or compensating time off at the department head's discretion for any employee regularly scheduled to work less than the normal full-time workweek for the job classification shall be prorated each pay period in which a holiday occurs, based upon a proration of the hours which would have been worked within that pay period but for the holiday, to the normal full-time pay period for the job classification. Such an employee may, by giving written notice to his supervisor seven calendar days in advance, elect to use accrued vacation and/or compensatory time off to offset a decrease in the employee's biweekly salary due to a prorated holiday. An employee regularly scheduled to work less than full-time but at least forty (40) percent of the normal workweek shall be compensated for hours worked on holidays at one and one-half times the normal hourly rate.

(Prior admin. code § 2-8.02)

Except as provided in Sections 3.16.040 and 3.16.050 of this code, employees shall be entitled to holiday compensation, except in the case of a floating holiday, only if they are on paid status on their scheduled workdays before and after the holiday, except that an employee who requests and is granted leave under the voluntary leave without pay program, as it may from time to time exist pursuant to board action, on the employee's scheduled workday before and/or after a holiday shall be eligible for holiday pay if on paid status on the employee's scheduled workdays before and after the approved day(s) of voluntary leave without pay.

No employee who is assigned shift work shall receive a greater or lesser number of holidays in any calendar year than employees regularly assigned to work during the normal workweek.

(Prior admin. code § 2-8.03)

Notwithstanding the provisions of Sections 3.16.030 and 3.16.050 of this code, incumbents of positions in classifications designated intermittent or by the letter "N" who meet the following conditions shall be entitled to paid holidays retroactively to the beginning and throughout the remainder of the fiscal year, subject to said provisions and administrative regulations:

A. The incumbent must have been employed in the position prior to July 1, 1973; and

B. The classification must have been on a monthly salary schedule on June 30, 1973; and

C. The incumbent, other than incumbents of positions in the class of clerk intermittent II, must work at least twenty-eight (28) weeks during the fiscal year.

(Prior admin. code § 2-8.04)

The following classes and work situations are exempt from the holiday provisions of this code:

A. Students;

B. Incumbents of positions in classifications designated intermittent or by the letter "N," except as provided in Section 3.16.040A of this code.

(Ord. 95-75 § 1 (part): prior admin. code § 2-8.05)

When an assigned shift overlaps two calendar days, the day worked or scheduled to be worked for holiday administration purposes shall be that calendar day upon which a majority of work, excluding overtime, was performed or scheduled.

(Prior admin. code § 2-8.06)

Notwithstanding the provisions of Section 3.16.080 hereof, persons employed less than full-time in the classification of Night Group Supervisor Item 6205 and in classifications which are included within Representation Unit 1 are entitled to two floating holidays, prorated as provided in Section 3.16.030, to be scheduled by mutual agreement of the employee and the department head. Such employees who are hired on or after April 1st of any fiscal year are not eligible to receive the prorated floating holidays in that fiscal year. Intermittent employees are excluded from the provisions of this section.

(Prior admin. code § 2-8.07)

The provisions of this section apply only to employees appointed to M-designated positions or to positions not included in employee representation units for which an employee organization has been recognized.

A. In the case of employees regularly assigned to the sheriff's department, when a holiday as set forth in Section 3.16.010A hereof, other than a day proclaimed by the President of the United States or the Governor of the state as a nationwide or statewide public holiday, day of fast, day of mourning, or day of thanksgiving and approved in writing by three or more members of the board of supervisors, falls on an employee's regularly scheduled day off, such employee shall receive an in-lieu day off.

When the agency/department head determines that it will be necessary to fill such a position on a holiday, and the employee works the holiday, he/she shall receive an in-lieu day off in conjunction with his/her regularly scheduled day(s) off within twenty-six (26) pay periods to be scheduled by mutual agreement of the employee and the agency/department head.

B. In the case of employees regularly assigned to the sheriff's department, when a holiday is set forth in Section 3.16.010A hereof, other than a day proclaimed by the President of the United States or the Governor of the state of California as a nationwide or statewide public holiday, day of fast, day of mourning, or day of thanksgiving and approved in writing by three or more members of the board of supervisors, falls on an employee's regularly scheduled day off, such employee shall be compensated in cash (a less than full-time employee will receive prorated compensation in cash) at the rate of time and one-half the employee's normal hourly rate.

(Ord. 2002-38 § 1; Ord. 95-66 § 3: prior admin. code § 2-8.08)

Employees of the District Attorney's office, the public defender's office, municipal court employees and employees of the county clerk's department are excluded from the provisions of Section 3.16.010 but shall be entitled to paid holidays for days observed as judicial holidays pursuant to state law and the California Rules of Court. In the event that the total number of judicial holidays in any fiscal year shall be less than the number of county holidays, including the floating holiday, specified in Section 3.16.010, these employees shall be entitled to as many in-lieu holidays as is necessary to make the number of their holidays equal to the number of holidays specified in Section 3.16.010.

An employee shall not qualify for an in-lieu holiday granted in exchange for the Section 3.16.010 floating holiday unless the employee was hired prior to April 1st of any fiscal year. An employee shall not qualify for an in-lieu holiday granted in exchange for any other holiday listed in Section 3.16.010 unless the employee was hired on or before the date of the Section 3.16.010 holiday not observed as a judicial holiday.

An in-lieu holiday must be scheduled by mutual agreement of the employee and the agency/department head, and taken within the fiscal year, except that the agency/department head may in writing authorize the in-lieu holiday to be carried over for one fiscal year only.

(Prior admin. code § 2-8.09)

The value of a holiday, for purposes of time off and/or cash compensation, which falls during a pay period is one-tenth of said scheduled pay period, excluding overtime. The maximum potential value of a holiday is seven and one-half hours for a scheduled seventy-five (75) hour pay period or eight hours for a scheduled eighty (80) hour pay period.

(Prior admin. code § 2-8.11)

Unless provided otherwise in a valid, current memorandum of understanding, an employee currently occupying a position in a job class which is not eligible to earn in-lieu time off, may use the in-lieu time off earned while occupying a position in a previous job class. Scheduling of this time off shall be by mutual agreement between the employee and the agency/department head or his/her designee.

(Ord. 2005-14 § 1)