(a) Determining eligibility for holiday benefits--in general. (1)
Most fringe benefit determinations list a specific number of named
holidays for which payment is required. Unless specified otherwise in an
applicable determination, an employee who performs any work during the
workweek in which a named holiday occurs is entitled to the holiday
benefit, regardless of whether the
named holiday falls on a Sunday, another day during the workweek on
which the employee is not normally scheduled to work, or on the
employee's day off. In addition, holiday benefits cannot be denied
because the employee has not been employed by the contractor for a
designated period prior to the named holiday or because the employee did
not work the day before or the day after the holiday, unless such
qualifications are specifically included in the determination.
(2) An employee who performs no work during the workweek in which a
named holiday occurs is generally not entitled to the holiday benefit.
However, an employee who performs no work during the workweek because he
is on paid vacation or sick leave in accordance with the terms of the
applicable fringe benefit determination is entitled to holiday pay or
another day off with pay to substitute for the named holiday. In
addition, an employee who performs no work during the workweek because
of a layoff does not forfeit his entitlement to holiday benefits if the
layoff is merely a subterfuge by the contractor to avoid the payment of
such benefits.
(3) The obligation to furnish holiday pay for the named holiday may
be discharged if the contractor furnishes another day off with pay in
accordance with a plan communicated to the employees involved. However,
in such instances the holidays named in the fringe benefit determination
are the reference points for determining whether an employee is eligible
to receive holiday benefits. In other words, if an employee worked in a
workweek in which a listed holiday occurred, the employee is entitled to
pay for that holiday. Some determinations may provide for a specific
number of holidays without naming them. In such instances the contractor
is free to select the holidays to be taken in accordance with a plan
communicated to the employees involved, and the agreed-upon holidays are
the reference points for determining whether an employee is eligible to
receive holiday benefits.
(b) Determining eligibility for holiday benefits--newly hired
employees. The contractor generally is not required to compensate a
newly hired employee for the holiday occurring prior to the hiring of
the employee. However, in the one situation where a named holiday falls
in the first week of a contract, all employees who work during the first
week would be entitled to holiday pay for that day. For example, if a
contract to provide services for the period January 1 through December
31 contained a fringe benefit determination listing New Year's Day as a
named holiday, and if New Year's Day were officially celebrated on
January 2 in the year in question because January 1 fell on a Sunday,
employees hired to begin work on January 3 would be entitled to holiday
pay for New Year's Day.
(c) Payment of holiday benefits. (1) A full-time employee who is
eligible to receive payment for a named holiday must receive a full
day's pay up to 8 hours unless a different standard is used in the
fringe benefit determination, such as one reflecting collectively
bargained holiday benefit requirements issued pursuant to section 4(c)
of the Act or a different historic practice in an industry or locality.
Thus, for example, a contractor must furnish 7 hours of holiday pay to a
full-time employee whose scheduled workday consists of 7 hours. An
employee whose scheduled workday is 10 hours would be entitled to a
holiday payment of 8 hours unless a different standard is used in the
determination. As discussed in Sec. 4.172, such holiday pay must include
the full amount of other fringe benefits to which the employee is
entitled.
(2) Unless a different standard is used in the wage determination, a
full-time employee who works on the day designated as a holiday must be
paid, in addition to the amount he ordinarily would be entitled to for
that day's work, the cash equivalent of a full-day's pay up to 8 hours
or be furnished another day off with pay.
(3) If the fringe benefit determination lists the employee's
birthday as a paid holiday and that day coincides with another listed
holiday, the contractor may discharge his obligation to furnish payment
for the second holiday by either substituting another day off with pay
with the consent of the employee, furnishing holiday benefits of an
extra day's pay, or if the employee works on
the holiday in question, furnish holiday benefits of two extra days'
pay.
(4) As stated in paragraph (a)(1) of this section, an employee's
entitlement to holiday pay fully vests by working in the workweek in
which the named holiday occurs. Accordingly, any employee who is
terminated before receiving the full amount of holiday benefits due him
must be paid the holiday benefits as a final cash payment.
(5) The rules and regulations for furnishing holiday pay to
temporary and part-time employees are discussed in Sec. 4.176.
(6) The rules and regulations for furnishing equivalent fringe
benefits or cash equivalents in lieu of holiday pay are discussed in
Sec. 4.177.
