Personal and Legal Holidays

This policy establishes guidelines for the administration of personal and legal holidays for UW–Madison employees. The policy covers eligibility, accrual, use, carryover, and treatment upon movement or termination of employment. UW–Madison employees who meet the eligibility requirements set forth in this policy are eligible for paid personal holiday hours as well as nine paid legal holidays per year.

Functional Owner

Assistant Vice Chancellor for Human Resources

Executive Sponsor

Vice Chancellor for Finance and Administration

Policy Contact

Office of Workforce Relations

Policy Summary

This policy establishes guidelines for the administration of personal and legal holidays for UW–Madison employees. The policy covers eligibility, accrual, use, carryover, and treatment upon movement or termination of employment.

UW–Madison employees who meet the eligibility requirements set forth in this policy are eligible for paid personal holiday hours as well as nine paid legal holidays per year.

Who This Policy Applies To

This policy applies to full- or part-time Academic and University Staff employees, and Limited appointees in leave eligible positions.

Rationale

Effective July 1, 2015, personal and legal holiday administration policies for all UW–Madison employees will be provided for in this policy.

Policy Detail

Section A – Personal Holidays

  1. Eligibility for Personal Holidays

    1. University Staff. All University Staff are eligible for personal holidays if they are:
      1. Not in a Temporary Employee appointment, or
      2. Not in a Crafts Worker appointment as defined in the Crafts Workers/Trades .
    2. Faculty, Academic Staff, and Limited Appointees (annual-pay-basis employees only). All Faculty, Academic Staff, and Limited appointees are eligible for personal holidays if they are eligible to earn vacation based on the following criteria:
      1. In an annual-basis appointment; and
      2. Covered by the Wisconsin Retirement System (WRS); or
      3. If not covered by the WRS, expected to work at least 440 hours (21% for annual-basis appointment) for at least one year.
      4. Note: If not initially eligible to earn sick leave, employees can later become eligible through a change in FTE percentage or appointment duration or by meeting the above criteria during the immediately preceding 12-month period.

    3. Rehired Annuitants. A rehired annuitant for purposes of this policy is a UW–Madison employee who is currently receiving a retirement or disability annuity from the WRS.
      1. Rehired Annuitants . A rehired WRS annuitant is eligible to earn personal holiday if the eligibility requirements provided for in this policy are met.
      2. Note: Only time worked for UW–Madison or UW System after the employee’s WRS annuity effective date is included to meet the one-year duration requirement in Section (A)(1)(b) of this policy.

      3. If not initially eligible to earn personal holiday, a rehired annuitant can later become eligible through a change in expectations or meeting the above criteria during the immediately preceding 12-month period.
      4. Personal holiday hours earned as a rehired annuitant are subject to the same provisions outlined in Section (A)(IV) of this policy.
  2. Accrual of Personal Holidays

    1. Accrual Rate. Full-time eligible employees are granted 36 hours (4.5 days) of personal holiday hours per year. Part-time employees are granted a prorated amount based on appointment percentage:
      1. University Staff: granted upon hire and every January 1st thereafter;
      2. Faculty, Academic Staff, and Limited appointees: granted upon hire and every July 1st thereafter.
    2. Appointment Percentage Change after Personal Holiday Granted.
      1. If an employee’s appointment percentage permanently increases, the number of personal holiday hours generated for the employee will increase as of the effective date of the change. The increase in hours is based on the increased appointment percentage and is not affected by the amount of time remaining in the granting period.
      2. If an employee’s appointment percentage decreases, the number of personal holiday hours generated for the employee will not decrease until the next personal holiday allocation is granted.
  3. Personal Holiday Usage

    1. Personal holiday hours are available for use from the first day of employment, subject to approval by the employee’s supervisor.
    2. Personal holiday hours must be used by the end of the year (fiscal or calendar) in which they were granted.
      1. University Staff must use all personal holiday hours on or before December 31 of the calendar year granted.
      2. Faculty, Academic Staff, and Limited appointees must use all personal holiday hours on or before June 30 of the fiscal year granted.
      3. If the hours are not used by the end of the designated year, the hours are lost and cannot be carried into the following year. Employees on a military leave are not subject to these provisions. See Military Leave for details.
      4. If extenuating circumstances exist, the Division Human Resource Director at each college, school, or division (or the director’s designee) in consultation with the UW–Madison Office of Human Resources may approve the carryover of personal holiday hours if the employee was not permitted to use the hours during the year earned. Any personal holiday hours carried over must be used within 12 months or they will be lost.
    3. The following are NOT allowable reasons for carryover of personal holiday hours:
      1. The employee is hired toward the end of the calendar or fiscal year and does not schedule time off before the hours expire; or
      2. The employee uses other paid leave during the year and chooses to wait until the end of the calendar or fiscal year to use personal holiday hours but runs out of time or is called into work on a day personal holiday was scheduled to be used.
    4. If an employee used other paid leave that can be carried into the following year, the institution should consider consulting with the employee to exchange personal holiday hours with the other leave used. University Staff requests to exchange the leave type used must be received by the institution by the end of the calendar year in which the absence occurred. Faculty, Academic Staff, and Limited requests to exchange the leave type used must be received by the institution by the end of the fiscal year in which the absence occurred.
  4. Personal Holiday Credits upon Retirement, Layoff, Termination, or Movement to Another Appointment

    1. At termination or retirement, employees are eligible to receive a lump sum payment for any remaining personal holiday hours. If the termination or retirement is not the result of layoff or termination for cause, the institution may allow the employee to extend their termination date beyond the last day worked by using personal holiday hours.
    2. The institution, after sufficient notice to the employee, may require an employee to use all accrued personal holidays prior to retirement, layoff, or termination without cause or forfeit any unused leave balance.
    3. Movement to Another UW System Appointment.
      1. When an employee moves from one University Staff appointment to another University Staff appointment within UW Madison, or to an appointment at a different UW institution, remaining personal holiday hours will transfer to the new appointment, provided the new appointment is eligible for personal holidays.
      2. When an employee moves from one eligible Faculty, Academic Staff, or Limited appointment to another eligible Faculty, Academic Staff, or Limited appointment within UW Madison, or to an appointment at a different UW institution, remaining personal holiday hours will transfer to the new appointment, provided the new appointment is eligible for personal holidays.
      3. Employees who move between employee classifications per Section (A)(IV)(d)(iv) and (v) of this policy will be given consideration for leave accrual schedule differences; however, an employee shall not receive more than two personal holiday allocations in an 18-month period.
      4. If an employee moves from a University Staff appointment to an eligible Faculty, Academic Staff, or Limited appointment, the following provisions apply:
        1. If the new appointment is effective at any time from July 1 to January 1, the employee will receive 36 hours of personal holiday (prorated if part-time). Any remaining personal holiday from the University Staff appointment must be paid out to the employee at the wage rate of the University Staff appointment.
        2. If the new appointment is effective at any time from January 2 to June 30, the employee will not receive additional personal holiday hours until the beginning of the next fiscal year (July 1). Any remaining personal holiday from the University Staff appointment will be transferred to the new appointment and must be used by June 30th following the begin date of the new appointment or it will be lost.
      5. If an employee moves from a Faculty, Academic Staff, or Limited appointment to an eligible University Staff appointment, the following provisions apply:
        1. If the new appointment is effective at any time from January 1 to July 1, the employee will receive 36 hours of personal holiday (prorated if part time). Any remaining personal holiday from the Faculty, Academic Staff, or Limited appointment must be paid out to the employee at the wage rate of the Faculty, Academic Staff, or Limited appointment.
        2. If the new appointment is effective at any time from July 2 to December 31, the employee will not receive additional personal holiday hours until the beginning of the next calendar year (January 1). Any remaining personal holiday from the Faculty, Academic Staff, or Limited appointment will be transferred to the new appointment and must be used by December 31 following the begin date of the new appointment or it will be lost.
      6. If an employee moves to an appointment not eligible for personal holiday, any remaining personal holiday hours will be paid as a lump sum to the employee at the wage rate of the last position eligible to earn personal holiday.
    4. Movement From Another State of Wisconsin Agency.
    5. When an employee moves from another State of Wisconsin Agency to a UW–Madison appointment, they will be granted personal holiday hours, provided the new appointment is eligible for personal holidays.
    6. Movement to Another State of Wisconsin Agency.
    7. When an employee moves to another State of Wisconsin agency, remaining accrued personal holiday will be paid out by the unit as a lump sum.

Section B – Legal Holidays

  1. Paid Legal Holidays

  2. The UW–Madison grants eligible employees nine paid legal holidays per calendar year for the following legal holidays:

    • January 1 (New Year's Day)
    • Third Monday in January (Martin Luther King, Jr. Day)
    • Last Monday in May (Memorial Day)
    • July 4 (Independence Day)
    • First Monday in September (Labor Day)
    • Fourth Thursday in November (Thanksgiving Day)
    • December 24 (Christmas Eve Day)
    • December 25 (Christmas Day)
    • December 31 (New Year's Eve Day)
  3. Eligibility for Paid Legal Holidays

  4. All employees who earn sick leave are eligible for paid legal holidays provided that the employee is actively employed on the date of the legal holiday and meets one of the following criteria:

    1. Works or uses paid leave on the last scheduled work day immediately before the legal holiday; or
    2. Works or uses paid leave on the first scheduled work day immediately following the legal holiday; or
    3. Works on the legal holiday; or
    4. Is on an approved military leave of absence; see Military Leave for details.

    EXCEPTION: If one of the requirements listed in Section (B)(II) of this policy is not met, those employees with alternate work schedules whose scheduled work days do not fall on or after the legal holiday will be granted a legal holiday based on the number of hours in pay status during the pay period in which the legal holiday falls.

  5. Administration of Legal Holidays

    1. Full-time employees earn eight hours of paid leave for each legal holiday. Part-time employees earn a prorated amount based on their hours worked during the pay period that includes the legal holiday.
    2. If a legal holiday falls on a Sunday, the legal holiday is observed and UW–Madison is closed on the Monday following the legal holiday.
    3. Faculty, Academic Staff, and Limited appointees in an academic-year-basis appointment are not eligible for floating legal holidays. All other staff may earn floating legal holidays in the following situations:
      1. If a legal holiday falls on a Saturday, the employee will be granted eight hours of floating legal holiday (prorated if part time).
      2. A floating legal holiday is granted to employees who are required to work on the legal holiday or if the legal holiday is on an employee’s regularly scheduled day off.
    4. An employee may use floating legal holiday hours prior to the date on which the legal holiday occurs.
    5. Floating legal holiday hours must be used by the end of the year in which they were granted.
      1. University Staff must use the hours on or before December 31 of the end of calendar year granted.
      2. Faculty, Academic Staff, and Limited appointees must use the hours on or before June 30 of the end of the fiscal year granted.
      3. If the hours are not used by the end of the designated year, the hours are lost and cannot be carried into the following year (calendar or fiscal).
    6. If extenuating circumstances exist, the division may approve the carryover of legal holiday hours if an employee was not permitted to use the hours during the year earned.
      1. Example: If an employee is unexpectedly called in to work on December 24, 25, and/or 31, and the employee is unable to schedule time off prior to the end of the year, the legal holiday hours could be carried into the following year.
      2. If the employee used other paid leave that can be carried into the following year, the institution should consider consulting with the employee to swap legal holiday hours with the other leave used.
  6. Pay for University Staff Employees Required to Work on Actual or Observed Legal Holidays

    1. A University Staff employee required to work at any time during a legal holiday (defined as 12:00 a.m. – 11:59 p.m. of the actual legal holiday) will receive either compensatory time or wages, either of which will be at the premium rate of time and one-half, for all hours worked on the holiday. Refer to Additional Pay Components for University Staff further information. The employee will also be granted a floating legal holiday per the provisions of this policy.
    2. A University Staff employee required to work on the Monday following a Sunday legal holiday will be paid at straight time. The employee will also be granted a floating legal holiday per the provisions of this policy.
    3. University Staff temporary employees shall be paid at the premium rate of time and one-half for all time worked on a legal holiday, and straight time if the employee is required to work on the Monday following a Sunday legal holiday.
    4. Temporary employees will not be granted a floating legal holiday.
  7. Personal and Legal Holiday Leave Reporting

  8. Refer to UW–Madison Vacation policy.

  9. Legal Holiday Credits upon Retirement, Layoff, Termination, or Movement to Another Appointment

    1. At termination or retirement, employees are eligible to receive a lump sum payment of any remaining floating legal holiday hours. If the termination or retirement is not the result of layoff or termination for cause, the institution may allow the employee to extend his or her termination date beyond the last day worked by using floating legal holiday hours.
    2. The institution, after sufficient notice to the employee, may require an employee to use all accrued floating holidays prior to retirement, layoff, or termination without cause, or the employee will forfeit any unused leave balance.
    3. An employee may use regular or floating legal holiday hours prior to the date on which the legal holiday occurs. If the employee leaves university employment prior to the date on which the legal holiday occurs, the employee must repay any legal holiday hours used in advance of the legal holiday. In lieu of paying back over-used legal holiday hours, the employee is eligible to swap other available accrued leave, if available.
    4. Note: Sick leave may only be used per Sick Leave and may not be used in this situation unless the original absence is eligible for sick leave.

    5. When an employee moves from one appointment to another within UW Madison, or to an appointment at a different UW institution, remaining floating legal holiday will transfer to the new appointment, provided the new appointment is eligible for floating legal holidays. If the employee moves to a different appointment type, the floating legal holiday hours transferred will be subject to the floating legal holiday expiration rules of the new appointment type.
    6. If an employee moves to an appointment not eligible for floating legal holidays, any remaining floating legal hours will be paid as a lump sum to the employee at the wage rate in effect on the termination date of the last position eligible to earn floating legal holidays.
    7. When an employee moves to a State of Wisconsin agency, remaining floating legal holiday hours will. will be paid as a lump sum to the employee at the wage rate in effect on the employee’s UW–Madison termination date.

Consequences for Non-Compliance

Failure to appropriately report personal and legal holiday leave usage may result in the denial of leave or the loss of paid leave hours.

Supporting Tools

OHR maintains resources to support the campus community in administering the provisions of this policy.

Responsibilities

Office of Human Resources (OHR)
  • Maintains the personal and legal holidays policy
  • Supports the campus in applying the provisions of this policy
Deans and Directors
  • Supports this policy by ensuring colleges, schools and divisions appropriately administer the provisions of this policy
College/School/Division HR
  • Supports this policy by overseeing the administration of this policy within their division
  • Ensures that Supervisors and Employees are appropriately trained on this policy
  • Supports employees and supervisors in understanding and administering leave in compliance with this policy
  • Consults with OHR as needed
Supervisor
  • Understands the Personal and Legal Holidays policy
  • Supports policy compliance by monitoring employee Personal and Legal holiday usage
Employee
  • Follows appropriate procedures for reporting time off and personal and legal holiday usage based on this policy

Link to Current Policy

https://kb.wisc.edu/ohr/policies/page.php?id=53500

Link to Related Policies

Vacation

Sick Leave

Military Leave

Link to Policy History

Regent Policy Document 20-11: Establishment of Personal Holidays for Faculty, Academic Staff and Limited Appointees

Res. 7178 (04/12/96); amended by Res. 7803 (11/06/1998); amended by Res. 8817 (04/02/2004)

University Personnel Guideline #9: Unclassified Staff Paid Vacation, Holiday, and Catastrophic Leave

Wis. Stat. § 230.35(4)

Wis. Admin. Code § ER 18.04, Holidays




Keywords:Personal and Legal Holidays   Doc ID:53500
Owner:OHR .Group:HR Policies
Created:2015-06-30 18:13 CDTUpdated:2016-07-08 16:17 CDT
Sites:HR Policies
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