Print Friendly HOUSE BILL NO. 443 – State emply, holiday/military pay
HOUSE BILL NO. 443
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H0443.......................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - Amends existing law to clarify that holiday pay for state
employees is limited to eight hours per state holiday; and to clarify that
paid military leave for state employees is limited to one hundred twenty
hours per year.
01/26 House intro - 1st rdg - to printing
01/27 Rpt prt - to Com/HuRes
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 Ret'd to Com/HuRes
02/16 Rpt out - rec d/p - to 3rd rdg
02/21 3rd rdg - PASSED - 62-5-3
AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler,
NAYS -- Chase, Hornbeck, Marley, McKague, Robison
Absent and excused -- Barraclough, Mortensen, Mr Speaker
Floor Sponsor - Miller(Trail)
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 443
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO HOLIDAY PAY AND MILITARY LEAVE FOR STATE EMPLOYEES; AMENDING SEC-
3 TION 67-5302, IDAHO CODE, TO CLARIFY THAT HOLIDAY PAY IS LIMITED TO EIGHT
4 HOURS PER STATE HOLIDAY; AMENDING SECTION 46-216, IDAHO CODE, TO CLARIFY
5 THAT PAID MILITARY LEAVE IS LIMITED TO ONE HUNDRED TWENTY HOURS PER YEAR;
6 AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 67-5302, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec-
11 tions of the Idaho Code, each of the terms defined in this section shall have
12 the meaning given in this section unless a different meaning is clearly
13 required by the context. Such terms and their definitions are:
14 (1) "Administrative employee" means any person, nonclassified or classi-
15 fied appointed to a position which meets the following criteria:
16 1. (a) Responsible office or nonmanual work directly related to the
17 management policies of a department or section; or
18 (b) Responsible work that is directly related to academic instruc-
19 tion or training carried on in the administration of a school system
20 or educational establishment; and
21 2. The employee must customarily and regularly exercise discretion and
22 independent judgment, as distinguished from using skills and following
23 procedures. The employee must have the authority to make important deci-
24 sions; and
25 3. The employee must:
26 (a) Regularly assist a bona fide executive or administrative
27 employee; or
28 (b) Perform work under general supervision along specialized or
29 technical lines requiring special training, experience or knowledge;
31 (c) Execute under only general supervision special assignments; and
32 4. The employee is classified to a position allocated to the pay grade
33 equivalent to two hundred sixty (260) points or higher pursuant to the
34 rating system established by section 67-5309C, Idaho Code.
35 5. Final designation of a classified position as "administrative" within
36 this definition shall be made by the administrator of the division of
37 human resources.
38 (2) "Administrator" means the administrator of the division of human
39 resources in the governor's office.
40 (3) "Appointing authority" means the officer, board, commission, person
41 or group of persons authorized by statute or lawfully delegated authority to
42 make appointments to or employ personnel in any department.
43 (4) "Class" means a group of positions sufficiently similar as to the
1 duties performed, degree of supervision exercised or required, minimum
2 requirements of training, experience or skill, and other characteristics, that
3 the same title, the same tests of fitness and the same schedule of compensa-
4 tion may be applied to each position in the group.
5 (5) "Classified officer or employee" means any person appointed to or
6 holding a position in any department of the state of Idaho which position is
7 subject to the provisions of the merit examination, selection, retention, pro-
8 motion and dismissal requirements of chapter 53, title 67, Idaho Code.
9 (6) "Commission" means the Idaho personnel commission.
10 (7) "Compensatory time" means approved time off from duty provided in
11 compensation for overtime hours worked.
12 (8) "Department" means any department, agency, institution or office of
13 the state of Idaho.
14 (9) "Disabled veteran" means an individual who has served on military
15 duty in the armed forces of the United States during any period of war recog-
16 nized by the United States department of veterans affairs for the purposes of
17 awarding federal veterans benefits as may be defined in title 38, U.S. code,
18 chapter 1, section 101(11), or during any other conflict recognized by the
19 award of a campaign or service medal of the United States; and has been sepa-
20 rated therefrom under honorable conditions; and has established the present
21 existence of a service-connected disability; and is receiving compensation,
22 disability retirement benefits, or pension under a public statute as adminis-
23 tered by the department of veterans affairs or a military department.
24 (10) "Eligible" means a person who has been determined to be qualified for
25 a classified position and whose name has been placed on the register of eligi-
27 (11) "Executive employee" means any person, nonclassified or classified,
28 appointed to a position equivalent to a bureau chief or above as provided in
29 section 67-2402, Idaho Code, or any employee meeting the following criteria:
30 1. An individual whose primary duty is management of a department, divi-
31 sion or section; and
32 2. Who customarily and regularly directs the work of at least two (2) or
33 more other employees therein; and
34 3. Who has the authority to hire and fire, or to recommend hiring and
35 firing; or whose recommendation on these and other actions affecting
36 employees is given particular weight; and
37 4. Who customarily and regularly exercises discretionary powers; and
38 5. Who is classified to a position allocated to the pay grade equivalent
39 to two hundred sixty (260) points or higher pursuant to the rating system
40 established by section 67-5309C, Idaho Code.
41 6. Final designation of a classified position as "executive" in this def-
42 inition shall be made by the administrator.
43 (12) "Exempt employee" means any employee, classified or nonclassified,
44 who is determined to be an executive, professional or administrative employee
45 as defined herein, or who qualifies for any other exemption from cash compen-
46 sation for overtime under applicable federal law. Final designation of a clas-
47 sified position as exempt shall be made by the administrator.
48 (13) "Full-time employee" means any employee working a forty (40) hour
49 work week.
50 (14) "Holiday" means the following:
51 January 1 (New Year's Day);
52 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
54 Third Monday in February (Washington's Birthday);
55 Last Monday in May (Decoration Day);
1 July 4 (Independence Day);
2 First Monday in September (Labor Day);
3 Second Monday in October (Columbus Day);
4 November 11 (Veterans Day);
5 Fourth Thursday in November (Thanksgiving);
6 December 25 (Christmas).
7 In addition, the term "holiday" shall mean any day so designated by the Presi-
8 dent of the United States or the governor of this state for a public fast,
9 thanksgiving or holiday.
10 In the event that a holiday occurs on a Saturday, the preceding Friday
11 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
12 shall be a holiday.
13 A holiday is a day of exemption from work granted to employees during
14 which said employees shall be compensated as if they actually worked, but
15 shall not exceed eight (8) hours of paid holiday leave.
16 (15) "Hours worked" means those hours actually spent in the performance of
17 the employee's job on any day including holidays, and shall not include vaca-
18 tion or sick leave or other approved leave of absence.
19 (16) "Nonclassified employee" means any person appointed to or holding a
20 position in any department of the state of Idaho, which position is exempted
21 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
22 section 67-5303, Idaho Code.
23 (17) "Normal work week" means any forty (40) hours worked during a partic-
24 ular one hundred sixty-eight (168) hour period as previously established by
25 the employee's appointing authority.
26 (18) "Open competitive examination" means an examination which may be
27 taken by qualified applicants to compete on an equal basis for listing on the
28 register of eligibles.
29 (19) "Overtime work" means time worked on holidays and time worked in
30 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
31 secutive hours, except that in the case of those employees engaged in law
32 enforcement, correctional and fire protection activities characterized by
33 irregular shift work schedules, time worked in excess of one hundred sixty
34 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
35 overtime work within the meaning of this chapter.
36 (20) "Participating department" means any department of the state of Idaho
37 which employs persons in classified positions subject to the merit examina-
38 tion, selection, retention, promotion and dismissal requirements of this chap-
40 (21) "Part-time employee" means any employee whose usually scheduled work
41 is less than forty (40) hours in a period of one hundred sixty-eight (168)
42 consecutive hours.
43 (22) "Personnel system" means the procedure for administering employees in
44 accordance with this chapter.
45 (23) "Political office" means a public office for which partisan politics
46 is a basis for nomination, election or appointment.
47 (24) "Political organization" means a party which sponsors candidates for
48 election to political office.
49 (25) "Position" means a group of duties and responsibilities legally
50 assigned or delegated by one (1) or more appointing authorities and requiring
51 the employment of one (1) person.
52 (26) "Professional employee" means any person, nonclassified or classi-
53 fied, appointed to a position which meets the following criteria:
54 1. The employee's primary duty must be either:
55 (a) Work requiring knowledge of an advanced type in a field of sci-
1 ence or learning, customarily obtained by a prolonged course of spe-
2 cialized instruction and study; or
3 (b) Work that is original and creative in character in a recognized
4 field of artistic endeavor and the result of which depends primarily
5 on his invention, imagination, or talent; or
6 (c) Work as a teacher certified or recognized as such in a school
7 system or educational institution by which he is employed; and
8 2. The employee must consistently exercise discretion and judgment; and
9 3. The employee must do work that is predominantly intellectual and var-
10 ied, as distinguished from routine or mechanical duties; and
11 4. The employee is classified to a position allocated to the pay grade
12 equivalent to two hundred sixty (260) points or higher pursuant to the
13 rating system established in section 67-5309C, Idaho Code.
14 5. Final designation of a classified position as "professional" within
15 this definition shall be made by the administrator.
16 (27) "Provisional appointment" means appointment to a classified position
17 pending the establishment of a register for such position and employment shall
18 not be continued in this status longer than thirty (30) days after establish-
19 ment of a register.
20 (28) "Qualifying examination" means an examination or evaluation given to
21 a selected person to determine eligibility for reclassification or appointment
22 to a position in a classification.
23 (29) "Register" means a list of names of persons who have been determined
24 to be eligible for employment in a classified position as determined on the
25 basis of examination and merit factors as established by the administrator.
26 (30) "Seasonal appointment" means an appointment to a position which is
27 permanent in nature, but which has intermittent work periods throughout the
29 (31) "Service rating" means a recorded evaluation of work performance and
30 promotional potential of an employee by his supervisor.
31 (32) "Temporary appointment" means appointment to a position which is not
32 permanent in nature, and in which employment will not exceed one thousand
33 three hundred eighty-five (1,385) hours during any twelve (12) month period.
34 No person holding a temporary appointment may work in excess of one thousand
35 three hundred eighty-five (1,385) hours during a twelve (12) month period of
36 time for any one (1) department, except upon petition by the appointing
37 authority of the department of lands that demonstrates good cause, the admin-
38 istrator of the division of human resources may extend the one thousand three
39 hundred eighty-five (1,385) hour limit for employees of the department who are
40 required to perform fire suppression activities.
41 (33) "Vacation leave" means a period of exemption from work granted to
42 employees during which time said employees shall be compensated. The term
43 shall not include compensatory time for overtime work.
44 (34) "Veteran" means any person who has served in the active service of
45 the armed forces of the United States during any period of war recognized by
46 the United States department of veterans affairs for the purpose of awarding
47 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
48 section 101(11), or during any other conflict recognized by the award of a
49 campaign or service medal of the United States, and who has been discharged
50 under other than dishonorable conditions.
51 SECTION 2. That Section 46-216, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 46-216. LEAVE OF ABSENCE FROM REGULAR DUTIES FOR FIELD TRAINING -- EXCEP-
1 TIONS. All officers and employees of the state of Idaho who shall be members
2 of the national guard or who shall be reservists in the armed forces of the
3 United States, shall be entitled to leave of absence from their respective
4 duties without loss of pay, time, or efficiency rating on all days during
5 which they shall be engaged in field training ordered or authorized under the
6 provisions of the national defense act; provided that this shall not apply to
7 any period of time spent in active service of the United States, except that a
8 period of fifteen (15) days one hundred twenty (120) hours or less in reserve
9 training in any one (1) calendar year shall not be considered time spent in
10 active service of the United States, for the purposes of this act.
11 SECTION 3. This act shall be in full force and effect on and after July
12 1, 2000.
STATEMENT OF PURPOSE
Non-standard workweeks, such as compressed weeks and institutional
shifts, have resulted in disparate calculations of paid holiday
and military leave time off. Limiting holiday time to eight hours
per holiday and military leave to 120 hours per year will eliminate
This proposed legislation may result in small savings to personnel
Name: Ann Heilman
Agency: Division of Human Resources
Statement of Purpose/Fiscal Impact H 443