207 N.E.2d 555
No. 39167Supreme Court of Ohio.
Decided May 19, 1965.
State employees — Holiday pay for employees working on hourly basis — Holidays falling on Saturday or Sunday.
APPEAL from the Court of Appeals for Franklin County.
This action in mandamus originated in the Court of Appeals. The relators are employees of the state, working on an hourly basis, and they all had at least six months full-time state service immediately prior to May 1964.
Relators claim that they are entitled to eight hours of holiday pay for Memorial Day and for Independance Day of 1964,
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by virtue of Section 121.161, Revised Code, which provides in part:
“Employees working on an hourly basis shall be entitled to eight hours of holiday pay for * * * Memorial Day, Independence Day * * * of each year, if they are regular employees with at least six months full-time state service immediately prior to the month when such holiday occurs * * *.”
The respondent Director of State Personnel issued a directive that relators and others similarly situated would not receive compensatory time or wages for Memorial Day and Independence Day of 1964 for the reason that those holidays fell on Saturday, excepting employees scheduled to work on those days because the nature of their work required performance on those days.
The prayer of the petition is for a writ requiring respondents to make payments for eight hours of holiday pay for Memorial Day and for Independence Day of 1964.
The Court of Appeals allowed the writ.
An appeal as of right brings the cause to this court for review.
Messrs. Lucas, Prendergast, Albright Warren and Mr. John A. Brown, for appellees.
Mr. William B. Saxbe, attorney general, and Mr. Clark G. Redick, for appellants.
Per Curiam.
It is the contention of respondents that the provision of Section 121.161, Revised Code, above quoted, has no application unless the holidays in question fall on the usual working days i.e., Monday to and including Friday, and, therefore, does not authorize holiday pay where the enumerated holidays fall on either Saturday or Sunday.
The provision of the statute is clear and contains no language, express or by inference, that it should not apply where any of the named holidays falls on Saturday or Sunday.
Judgment affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.
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