Nursing Home Workforce Standards Board Holiday Pay Rule Set to Take Effect Jan. 1, But Legal Action Aims to Halt Implementation

Posted on December 12, 2024 by Mark Schulz

Earlier this week, the Nursing Home Workforce Standards Board rule that would require eleven paid holidays took the final step toward approval and implementation, which is due to start Jan. 1, 2025.

Legal Challenge to Holiday Pay Rule

The Long-Term Care Imperative’s (LTCI) legal challenge to the NHWSB’s Holiday Pay Rule continues. On Dec. 10, our legal counsel filed a motion seeking preliminary injunction blocking enforcement of the rule. Our legal counsel anticipates the court will permit the attorneys representing the defendants seven calendar days to file a response to our motion.

An emergency hearing on the motion will quickly follow the ending of that seven-day deadline. While the court is not required by its rules to issue a decision before the implementation of the Holiday Pay Rules on Jan. 1, our legal counsel is advocating for the court’s decision to occur before then to prevent irreparable harm to nursing home employers.

Rule Requirements

The rule requires nursing homes to have eleven holidays where employees who work are paid time and a half. The eleven official state holidays would be the basis for each nursing home’s schedule but four of them can be flexed to other days with employee approval. That approval for any changes in 2025 needs to be obtained by the end of 2024, which is a tight timeline set by the NHWSB.

The NHWSB has a recorded educational session on the rule to help nursing homes prepare. LeadingAge Minnesota will also be covering this rule and answering member questions in our coaching room next Tuesday at 3 p.m.

Waivers

The NHWSB has also approved a process to allow waivers to the implementation of the Holiday Pay Rule. According to the statute establishing the board, those can only be granted if the cost of the standard would cause a risk of closure or receivership. Due to the very tight timeline, those wanting a waiver approved this year need to submit an application by December 17.

Notice Posting

The rule also requires notice to employees about the Holiday Pay Rule and other employee protections approved by the board and the statute that established it. The board has created a template notice that providers can use to comply with the requirement by either posting in the facility or distributing to staff. The notice requirement is effective Jan. 1, 2025 as well, assuming the rule’s implementation is not suspended by court action.

Please note, if you choose to modify either the days or times from the Holiday Pay Rule, the rule requires the standards of the board to be posted, not your modified ones. Therefore, you will still need to use the DLI template notice, and potentially a specific modification list to comply with the Holiday Pay Rule, to inform your employees about employee approved changes to its requirements.