.05 Holiday Leave.

A. Holiday leave is a form of allotted leave with pay.

B. Previously accumulated flex holidays are not transferrable into the Transportation Service and shall be forfeited at the time of an employee's conversion into the Transportation Service.

C. Observed Holidays. The holidays observed by the Department are:

(1) New Year's Day—January 1;

(2) Dr. Martin Luther King, Jr.'s Birthday—January 15, unless the United States Congress designates another day;

(3) Presidents' Day—third Monday in February;

(4) Memorial Day—May 30, unless the United States Congress designates another day;

(5) Independence Day—July 4;

(6) Labor Day—first Monday in September;

(7) Columbus Day—October 12, unless the United States Congress designates another day;

(8) Veterans' Day—November 11;

(9) Thanksgiving Day—fourth Thursday in November;

(10) Christmas Day—December 25.

D. In addition to the holidays identified in §C of this regulation, employees are authorized to use holiday leave for all days of general and congressional elections, but not primary elections, throughout the State, and all days designated by the Governor as holidays for State employees.

E. Part-time employees are allotted holiday leave computed on the basis of the funded percentage of their part-time positions.

F. Conditions Affecting the Allotment and Use of Holiday Leave.

(1) Holidays Falling on a Weekend. If a holiday falls on a Saturday, the Friday immediately preceding is considered and treated as a holiday. If a holiday falls on a Sunday, the following Monday is considered and treated as a holiday.

(2) Requirements for Essential Services. In units providing 7-day-a-week service, holidays shall be scheduled by the appointing authority or the appointing authority's designee.

(3) Working on Holidays. An employee who is required to work on a scheduled holiday, as set forth in §C of this regulation, shall be compensated either by cash overtime or compensatory leave, depending upon the employee's eligibility as determined by the Secretary or the Secretary's designee in accordance with standards established by the Fair Labor Standards Act.

(4) Employees on Advanced and Extended Sick Leave.

(a) Employees on advanced sick leave shall be allotted holiday leave.

(b) Employees on extended sick leave may not be allotted holiday leave.