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Volume XII, Number 146

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Juneteenth – A Legal Holiday in Ohio for Non-Teaching School District Employees?

Paid holidays for non-teaching school employees are changing again. Effective June 10, 2022, Juneteenth, which is celebrated on June 19, will now be a paid holiday for non-teaching school employees who work 11 or 12 months. A non-teaching employee who works nine or 10 months is not entitled to a paid holiday for Juneteenth under the amended statute. This corrects what has been called a drafting error in the 2021 amendment of R.C. 3319.087, effective September 30, 2021, which added Juneteenth as a paid holiday for non-teaching school district employees who work nine or 10 months, and who generally do not work during the summer break, but not for non-teaching employees who work for 11 or 12 months. 

Revised Code 3319.087 is not, however, the last word on paid holidays for non-teaching employees. Revised Code 4117.10(A) allows a public employer and an employees’ union to bargain around many requirements in state law that affect wages, hours, and terms and conditions of employment, including paid holidays. As a result, many collective bargaining agreements between school boards and non-teaching employee unions address paid holidays. In such a case, if a union or board of education wants to add Juneteenth as a paid holiday, or substitute Juneteenth for one of the paid holidays in a collective bargaining agreement, the parties must bargain the change.

If your district’s collective bargaining agreement does not address paid holidays, the district will need to provide the paid holidays specified in R.C. 3319.087, including Juneteenth for non-teaching employees who work 11 or 12 months.  Although R.C. 3319.087 only applies to non-teaching school employees hired under the statutory authority in R.C. 3319.081, your district may also want to consider whether to make Juneteenth a paid holiday for other school employees, such as administrators, who also work an 11- or 12-month schedule.    

June 19 falls on a Sunday in 2022; thus, it will be observed on June 20 this year.

©2022 Roetzel & AndressNational Law Review, Volume XII, Number 131
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About this Author

David S. Hirt Education Attorney Roetzel Andress Law Firm Cleveland
Shareholder

David represents Ohio school districts and municipalities on a wide variety of issues.

His education law practice includes counseling school administrators, boards of education, and governing bodies on personnel issues, including FMLA and ADA compliance; all aspects of employee discipline, including pre-disciplinary hearings, grievances, and arbitration; policy and regulation revision; and collective bargaining. David also advises school administrators on pupil issues, including student discipline, special education, and issues surrounding...

216-329-0558
Adrienne B. Kirshner Education Attorney Roetzel & Andress Cleveland
Of Counsel

Adrienne focuses her practice on education law, providing guidance to schools on matters relating to the education of students with disabilities, including the evaluation of students with suspected disabilities and issues concerning compliance with Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Act (IDEA). Adrienne reviews IEPs and ETRs for legal compliance, attends IEP and ETR team meeting when warranted, and handles all aspects of litigation concerning student matters. Adrienne also advises school districts regarding compliance with...

216-456-3850
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