Notwithstanding section 3319.086 of the Revised Code, all regular nonteaching school employees employed on an eleven or twelve month basis, whether salaried or compensated on an hourly or per diem basis, are entitled to a minimum of the following holidays for which they shall be paid their regular salary or their regular rate of pay, provided each such employee accrued earnings on the employee’s next preceding and next following scheduled work days before and after such holiday or was properly excused from attendance at work on either or both of those days: New Year’s day, Martin Luther King day, Memorial day, Juneteenth day, Independence day, Labor day, Thanksgiving day, and Christmas day of each year. All regular nonteaching school employees employed on a nine or ten month basis, whether salaried or compensated on an hourly or per diem basis, are entitled to a minimum of the following holidays for which they shall be paid their regular salary or their regular rate of pay, provided each such employee accrued earnings on the employee’s next preceding and next following scheduled work days before and after such holiday or was properly excused from attendance at work on either or both of those days: New Year’s day, Martin Luther King day, Memorial day, Labor day, Thanksgiving day, and Christmas day of each year. Regular nonteaching school employees employed less than nine months shall be entitled to a minimum of those holidays enumerated in this section which fall during the employees’ time of employment. In addition to the above named holidays, a board of education may declare any other day, except days approved for teachers’ attendance at an educational meeting, as a holiday and shall pay to all such regular nonteaching school employees, whether salaried or compensated on an hourly or per diem basis, their regular salary or their regular rate of pay. When any employee is required by the employee’s responsible administrative superior to work on any of the paid holidays, the employee shall be granted compensatory time off for which the employee shall be paid the employee’s regular salary or regular rate of pay, or a board of education may establish a premium rate of pay for work performed on a paid holiday. Holidays shall occur on the days specified in section 1.14 of the Revised Code.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Ohio Code 3319.087

  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59

For purposes of determining whether a person who is not in the employ of a board of education on Labor day is in compliance with the requirement of this section that states that in order for a nonteaching employee to be eligible for Labor day holiday pay the employee must have accrued earnings on the scheduled work day immediately preceding Labor day or have been excused from attendance at work on that day, a board of education shall count the employee’s last scheduled work day of the employee’s preceding period of employment as the employee’s last scheduled day of employment for purposes of this requirement.

For the purposes of this section, “employed” and “time of employment” mean the period from the initial date of employment to the termination of employment with that school district.

Last updated March 15, 2022 at 2:39 PM