In this title, “employee holiday” includes: January 1, for New Year’s Day; January 15, for Dr. Martin Luther King, Jr.’s birthday, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress; the third Monday in February, for Presidents’ Day; May 30, for Memorial Day, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress; June 19, for Juneteenth National Independence Day; July 4, for Independence Day; the first Monday in September, for Labor Day; October 12, for Columbus Day, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress; November 11, for Veterans’ Day; the fourth Thursday in November, for Thanksgiving Day; the Friday after Thanksgiving Day, for American Indian Heritage Day; December 25, for Christmas Day; each statewide general election day in this State; and each other day that the President of the United States or the Governor designates for general cessation of business.

Except as provided in subsection (b) of this section, this subtitle applies to all employees of all units in the Executive Branch of State government, including any unit with an independent personnel system. This subtitle does not apply to: temporary employees; employees of any unit that is authorized or required by law to establish holiday schedules different from those provided in this subtitle; or employees of the State Department of Transportation.

Each employee subject to this subtitle is entitled to holiday leave with pay for each employee holiday specified in § 9-201 of this subtitle.

Except as otherwise provided in this subtitle, an employee shall use holiday leave on the day the employee holiday occurs. Except as otherwise provided in this subtitle: if the employee holiday occurs on a Saturday, an employee shall use holiday leave on the Friday immediately before the employee holiday; and if the employee holiday occurs on a Sunday, an employee shall use holiday leave on the Monday immediately following the employee holiday.

Except as otherwise provided in paragraphs (2) and (3) of this subsection or in any other law, an employee, who because of the nature of the employee’s duties, is required to work on any part of an employee holiday shall receive compensatory time for that work. An employee, including an employee in a 24-hour facility, shall receive payment for the number of holiday hours scheduled, at the employee’s regular hourly rate of pay, and time and one-half payment for the number of hours actually worked, if the employee: is eligible to receive cash overtime; has holidays prescheduled by the employer; and is required by the employer to work a holiday that was designated as a prescheduled holiday for the employee. An employee who is included in the Executive Pay Plan at a pay grade of (ES) 6 or above may receive compensatory time for work on an employee holiday only if the employee works 5 or more hours on the holiday. The employee shall receive 1 day of compensatory time for each employee holiday on which the employee works 5 hours or more. An employee must use any compensatory time accrued under this section within 1 year after having accrued that time.