SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT v. EMPLOYEES' REVIEW BOARD et. al.,

SC 16806

Judicial District of New Britain

Employment; State Personnel Act; Whether a State Employee Who Works Irregular Workdays but Averages a Forty Hour Workweek is Entitled to Personal and Holiday Leave on the Basis of her Workday or the Standard Eight Hour Workday. This matter originated when a department of corrections (DOC) lieutenant filed a grievance against the DOC alleging that it was improperly calculating her paid personal and holiday leave time. This employee worked a nonstandard week in which she averaged forty hours per week, but her workdays exceeded the standard eight hour shift. She specifically complained that the DOC was not allowing her paid personal and holiday leave time for her entire earned workday but was allowing her only eight hours of paid leave and was unilaterally deducting the difference from her vacation time. The defendant employees' review board found in favor of the employee, concluding that she was entitled to "full calendar days" of paid personal leave and holiday time and that the state must adjust, where necessary, hours debited against her vacation account for personal or holiday time taken. The plaintiff appealed the board's decision to the trial court. In dismissing the plaintiff's appeal, the trial court noted that General Statutes §§ 5-250(c) and 5-254(a), which are part of the Act, § 5-193 et seq., refer to personal leave "days" and holidays and that the word "day," absent qualification, means "calendar day." In addition, the court noted that in Nagy v. Employees' Review Board, 249 Conn. 693 (1999), a case concerning sick and vacation leave under the State Personnel Act, the Supreme Court determined that a "day is a day is a day" and that an employee who earns one day of sick or vacation time is entitled to utilize one day of sick or vacation time regardless of the length of his or her workday. In this appeal, the Supreme Court will determine whether the trial court properly determined that the employee was entitled to personal and holiday leave on the basis of her irregular workday rather than the standard eight hour workday for state employees.