Q May a municipality provide for an employee’s birthday to be a holiday, substituting for some other holiday, under the authority of Section 3-3-7 (2)?

A No. In an Opinion to Brown (November 30, 2004), the Attorney General stated that the provisions of Section 3-3-7(2) contemplate the establishment of a single, discrete calendar date substituting for a statutorily designed single, discrete calendar day. A municipality has significant discretion in development and adoption of employee leave policies, and these policies may provide for “birthday leave,” but this would not be considered a holiday. In addition, any additional leave benefits provided beyond what the state may provide do not apply towards retirement time or income in PERS.