When the Board adopts a school calendar, it is important to recall that the Arizona legislature has already set out certain holidays that carry more figurative weight than all the other holidays listed in A.R.S. §1-301.  It might be helpful, then, to know what these holidays are so that the District either does not require its employees to work on those days or that it provides qualified employees with specific compensation.  The two statutes most affecting school district holidays are A.R.S. §38-608 and A.R.S. §15-801.  Oddly enough, while the two statutes agree on some holidays, the two statutes differ in some of other days included in their definitions of what “legal holidays” might be.

Under A.R.S. §38-608, all public employees “who work forty hours or more per week” and who do not receive compensation or commensurate time off for working  on a “legal holiday” are to receive, for each worked holiday, one additional day of vacation leave or one additional day of compensation, for each legal holiday worked. For the purpose of A.R.S. §38-608, “public employees” include “the employees of the state, a county, city, town or any other political subdivision of the state, but does not include irrigation, power, electrical, agricultural, improvement, drainage and flood control districts, and tax-levying public improvement districts.” (Emphasis added). This definition includes school district employees.  A.R.S. §38-608 defines “legal holiday” as “Christmas, Thanksgiving, Labor day[1], New Year’s day and Independence day.”

On the other hand, A.R.S. §15-801 (B), provides that when “July 4, Veterans’ Day[2], December 25 or Thanksgiving Day occurs within the school week, the schools shall be closed and the compensation of the teachers shall not be diminished on that account.” (Emphasis added). A.R.S. §15-801 also provides that the Governing Board may declare an “up to two school weeks” recess during the “Christmas holiday season” and, once again, only teachers are statutorily required to receive compensation during that time.

The astute observer will notice a few things when comparing these statutes:

  • December 25 and Christmas are the same day, and both A.R.S. §§38-608 and 15-801 agree the day should be a legal holiday.
  • July 4 and Independence day are the same day, and both A.R.S. §§38-608 and 15-801 agree the day should be a legal holiday.
  • Both A.R.S. §§38-608 and 15-801 acknowledge Thanksgiving as a legal holiday.
  • A.R.S. §38-608 adds New Year’s day and Labor day to the list of legal holidays; A.R.S. §15-801 does not.
  • A.R.S. §15-801 adds Veteran’s day as a day schools must be closed; A.R.S. §38-608 does not.
  • A.R.S. §38-608 gives all 40 hour per week public employees who work on a legal holiday either an additional vacation day or an additional day of compensation for working on that day.
  • A.R.S. §15-801 closes the schools for the listed holidays when they fall within the work week, but only teachers are statutorily required to be compensated for the day.

When developing the school calendar, then, the Board should make sure to recognize the A.R.S. §15-801 holidays of July 4, Veterans’ day, December 25 or Thanksgiving day since the statute says that “schools shall be closed.”  The Board can choose whether or not to include the additional A.R.S. §§38-608 holidays of Labor day and New Year’s day as vacation days, should they fall on actual work days, but if the Board doesn’t schedule them as vacation days, all of the 40 hour employees are either entitled to one additional day of compensation for working that day or for another vacation day–perhaps another holiday for which the Board chooses to offer a vacation day.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Candyce B. Pardee at  928.373.3409, log on to udallshumway.com,  or contact an attorney in your area.

 

[1] According to the U.S. Department of Labor, “Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.”
[2] Veteran’s day, November 11 of each year, was originally Armistice day, celebrating the end of World War I.  The hostilities of “The Great War” ended on the “11th hour of the 11th day of the 11th month” in 1918 when an armistice was signed between Germany and the allied nations.  I always remember Veteran’s day because my mom was born on November 11th, and thereafter proclaimed that everyone had a day off to help her celebrate.  Veteran’s day (along with Christmas day, New Year’s day, and Independence day) remains one of the few holidays celebrated on the actual day; not on a random Monday closest to the day.
[1] According to the U.S. Department of Labor, “Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country.”
[1] Veteran’s day, November 11 of each year, was originally Armistice day, celebrating the end of World War I.  The hostilities of “The Great War” ended on the “11th hour of the 11th day of the 11th month” in 1918 when an armistice was signed between Germany and the allied nations.  I always remember Veteran’s day because my mom was born on November 11th, and thereafter proclaimed that everyone had a day off to help her celebrate.  Veteran’s day (along with Christmas day, New Year’s day, and Independence day) remains one of the few holidays celebrated on the actual day; not on a random Monday closest to the day.