PART 1: HOLIDAY LEAVE BENEFIT

NMSU provides its eligible regular and non-regular term employees (as defined for staff and faculty in ARP 6.03) with fourteen days of paid holiday leave on designated dates each year. Only employees determined to be essential to operations will be required to work on designated holidays, and those employees will receive an alternative benefit as provided in this Rule.

PART 2: NMSU HOLIDAY OBSERVANCE

The university is closed for business in observance of the following designated holidays:

1. Martin Luther King, Jr. Day
2. Spring Holiday (designated Friday in March or April)
3. Memorial Day
4. Independence Day (observed on July 4^th; except when July 4^th falls on Saturday, the holiday will be observed on Friday, and when it falls on a Sunday, it will be observed on Monday.)
5. Labor Day
6. Thanksgiving Day and the Friday immediately subsequent
7. Winter Break (seven week days including those in the period from December 24 through January 1; when December 24 falls on a Saturday or Sunday, the preceding Friday is also included and when January 1 falls on a Saturday or Sunday, the subsequent Monday is also included).

PART 3: ELIGIBILITY FOR HOLIDAY LEAVE PAY

Except as otherwise provided in this rule, regular employees and non-regular term employees are eligible for holiday leave pay for designated holidays. Holiday leave pay is prorated for eligible part time employees. An employee is ineligible for holiday leave pay under these circumstances:

1. Unexcused Absence: The employee has an unexcused absence on their last scheduled work day preceding the holiday, or on their first scheduled work day following a holiday.
2. LWOP Status: The employee is on leave without pay on the day preceding the designated holiday.

PART 4: ALTERNATIVE BENEFITS FOR HOLIDAY WORK

1. Holiday not in Work Schedule: When an eligible nonexempt or exempt employee’s regular work schedule does not include the holiday, the supervisor will designate an alternative day of paid holiday leave within the same work week.
2. Exempt Employees Required to Work on Holiday: When an eligible exempt employee is required by their supervisor to work on a holiday, the supervisor will designate an alternative day as holiday leave as close to the holiday as reasonably possible, and within the same fiscal year.
3. Compensatory Time (Comp Time) in lieu of Holiday Premium Pay: If a nonexempt employee is required to work on one of the NMSU official holidays and has elected, in their semi-annual FLSA selection, to receive comp time in lieu of overtime pay, then the comp time hours credited for the holiday worked will be calculated in the same manner as for holiday premium pay below.
4. Holiday Premium Pay: Nonexempt employees required to work on a holiday, and who do not receive a day off in lieu of the holiday, will be paid holiday premium pay equal to their regular rate of pay, plus an additional 1 ½ time their regular rate of pay, regardless of the number of hours actually worked during the normal work week.
5. Calculation of Overtime in Holiday Week: Overtime pay calculations for those weeks with paid holidays will be determined in accordance with ARP 7.20.

PART 5: COORDINATION WITH EMPLOYMENT START/END DATES

1. Employment Start Dates: Regular and non-regular term employees will not be hired with a start date between December 16 and the end of the Winter Break holiday. An exception to this restriction may be granted by the AVP HRS upon written request explaining emergent circumstances.
2. Employment End Dates: Eligible employees separating from NMSU will receive the holiday leave benefit through their date of separation from NMSU service.