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Jun22

FMLA – pay holiday

I have an employee whose first day out on FMLA will be Monday, June 22nd. She will be out until well into September. She is an hourly, non-exempt employee. Is she entitled to holiday pay while she is out (i.e. 4th of July, Labor day)?

Thank you!

No, this employee is not entitled to holiday pay.

The new FMLA regulations that went into effect in January 2009 specifically clarify this issue. An employee on FMLA is not entitled to holiday pay if the employee does not work at all during that payroll week. In your case, the employee will be off work continously from June 22 to September, so will not be entitled to holiday pay.

If the employee works part of the payroll week in which the holiday occurs, then the employee is entitled to holiday pay — even if the employee missed part of the week due to FMLA. So if the employee returned to work the day after Labor Day, in the same payroll period, the employee would be entitled to payment for that holiday.

The same rule applies when an employee is taking intermittent FMLA. If the employee works part of the payroll week during which the holiday occurs, the employee  is entitled to holiday pay.

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This entry was posted on Monday, June 22nd, 2009 at 7:59 am and is filed under
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Jun22

FMLA – pay holiday

No, this employee is not entitled to holiday pay.

The new FMLA regulations that went into effect in January 2009 specifically clarify this issue. An employee on FMLA is not entitled to holiday pay if the employee does not work at all during that payroll week. In your case, the employee will be off work continously from June 22 to September, so will not be entitled to holiday pay.

If the employee works part of the payroll week in which the holiday occurs, then the employee is entitled to holiday pay — even if the employee missed part of the week due to FMLA. So if the employee returned to work the day after Labor Day, in the same payroll period, the employee would be entitled to payment for that holiday.

The same rule applies when an employee is taking intermittent FMLA.

No, this employee is not entitled to holiday pay.

The new FMLA regulations that went into effect in January 2009 specifically clarify this issue. An employee on FMLA is not entitled to holiday pay if the employee does not work at all during that payroll week. In your case, the employee will be off work continously from June 22 to September, so will not be entitled to holiday pay.

If the employee works part of the payroll week in which the holiday occurs, then the employee is entitled to holiday pay — even if the employee missed part of the week due to FMLA. So if the employee returned to work the day after Labor Day, in the same payroll period, the employee would be entitled to payment for that holiday.

The same rule applies when an employee is taking intermittent FMLA.

Tags: , ,

This entry was posted on Monday, June 22nd, 2009 at 7:43 am and is filed under
Benefits.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

5 Responses to “FMLA – pay holiday”

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    Thanks, Frank! We post 365 days per year, so be sure to check back often!~ Caitlin

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