Employee Relations

Policy Interpretations and Practices

Holiday Pay

As we approach the holiday season, employees and managers often have questions about how State and University holiday policies apply to their employees. The following information is intended to explain the practical application of these policies:

All state agencies, including Boise State University, are allowed to provide no more than eight (8) hours of holiday pay for full-time employees for any holiday, regardless of schedule; part-time employees receive pay based on their standard hours (i.e., a half-time employee would receive 4 hours holiday pay). Consequently, the University suspends flex schedules (anything over 8 hours worked on a day) for classified employees on holidays.

The suspension of flex schedules for the holiday in no way impacts the overtime calculation for overtime eligible classified employees that work on a holiday. For example, if an overtime eligible employee works eight (8) hours on a holiday, the employee would accrue comp time at the rate of time and one half for those eight (8) hours worked (for a total of twelve (12) hours) and additionally, receive the regular eight (8) hours of holiday pay.

To meet the University's obligation to its students, all employees are generally required to work both Columbus Day and Veteran's Day. Employees are compensated and utilize holiday time as follows:

• Classified employees who are overtime eligible would receive compensatory time for hours worked based on a time and one-half rate (this would amount to 24 hours for a full-time employee) for both holidays. Classified employees that work the holiday will report the holiday hours worked as "HOA" on the University's Time and Labor System. The holiday hours worked will accrue as Compensatory (Comp) Time. When the Comp Time is used, the employee will report these hours as "CPT."
• Classified employees who are not overtime eligible would receive compensatory leave at straight time (or 16 hours for a full-time employee) for hours worked on both holidays. Classified non-overtime eligible employees that work the holiday will report the holiday hours worked as "HOA" on the University's Time and Labor System. The holiday hours worked will accrue as Compensatory (Comp) Time. When the Comp Time is used, the employee will report these hours as "CPT."
• Classified employees will apply compensatory time earned in accordance with the annual approved University Holiday Schedule when the University is closed (November 27 and December 28 -31). Employees with no compensatory time are requested to use annual leave for these University closures and then leave without pay if necessary.
• Professional staff employees who work the Columbus and Veteran's Day holidays will have the holiday leave for those two days "switched" for use when the University is closed (November 27 and December 28 -31). Employees will then be required to use annual leave, and then leave without pay, if necessary, for the additional days.

Professional staff employees that did not work the Columbus and Veteran's Day holidays will be required to utilize vacation or leave without pay in lieu of the "switched" days.

Meal Periods for Classified Employees: Institutional Practice in Lieu of Policy

There is nothing in Idaho statutes nor in federal law that requires employers to provide their employees with either meal periods or rest breaks. Rest breaks are provided for, though, within Boise State policy (BSU 7370.Classified General Policies; Section IV). The current work break policy states: “The first break is taken after two hours of work and the second break after six hours of work for full-time employees…..They cannot be accrued to be taken for other purposes such as leaving early.”

Boise State has had a long-held “Practice” of requiring Classified Staff who work 6 or more hours in a day to take a minimum of a half hour of unpaid lunch break. An established “Practice” is normally considered just as enforceable as a “Policy Statement”. Practically all companies and institutions establish “Practices” because it is virtually impossible to conceive of every situation/issue that may arise during the daily running of a business; thus, “policy statements” are not intended to capture every possible “rule” an organization intends to establish.

Considering the ability of an employee to work for a length of time without sustenance and the common managerial complaint of being forced to address an employee eating at their desk or extending their breaks to accommodate a meal period, Boise State has determined that Classified employees should work no more than five (5) consecutive hours without a meal period.

Meal periods may not be combined with work breaks. Keep in mind that work breaks are considered compensable work hours, whereas meal periods are considered unpaid time. Employees and supervisors alike should be aware that Classified employees should not be expected to remain at their desk/work station during their meal period, nor should they be asked to perform any level of work (such as answering phones or responding to clients/visitors who happen to come into the work area). In the event any work activity does occur, that is considered ‘time worked’ and should be paid accordingly.

The meal period should be a time that is completely uninterrupted by work or the supervisor; and the employee should feel free to leave the area and/or do as they please with this time…as long as they are not interfering with others who are working.

The objectives of meal periods are basically fourfold:

1. To ensure an optimum level of performance by the employee
2. To ensure adequate coverage of the office and facilities during normal business hours (e.g., 8:00 am – 5:00 pm)
3. To foster an environment of positive health and welfare for our workforce, and
4. To ensure no employee feels coerced into waiving their right to a meal break to please a demanding supervisor or co-worker.

Statewide Domestic Violence Policy

The Governor’s Executive Order 2007-18 established a Domestic Violence Policy for all state agencies, departments, divisions and offices. This policy ensures that personnel policies and procedures prohibit discrimination against victims of domestic violence, protect the confidentiality of and are responsive to the needs of victims of domestic violence.

In addition, available resource links are identified for employees who are victims of domestic and sexual violence. The Governor’s Executive Order mandates that all supervisors and managers read and understand the importance of this statewide policy. All new employees are currently required to read specific University and state policies within 30 days of employment and this statewide policy has been included in that on-boarding compliance process. The Statewide Domestic Violence Policy Link is: http://dhr.idaho.gov/PDF%20documents/Policies/Section%208%20Domestic%20Violence.pdf. Questions regarding this policy can be addressed by HRS/Employee Relations staff by calling 426-1616.

The Idaho Council on Domestic Violence and Victim Assistance Link is:

http://www2.state.id.us/crimevictim/.