Human Resource Blog

employee want holiday pay during FMLA

An employee at our company started FMLA on December 23, because his wife had a baby. Is he entititled to Holiday pay for the 24th and 25th? and the 31st and the 1st of the year? Thanks in advance

If the employee started FMLA on December 23 and has been on unpaid leave since that time, he may be entitled to holiday pay for Dec. 24 and Dec. 25, but not for Dec. 31 or Jan.1.

Under the 2009 regulations, an employee on FMLA who works a portion of the payroll period in which a paid holiday falls is entitled to holiday pay. However, if the employee is on FMLA for the entire payroll week and does no work whatsoever during that week, he is not entitled to holiday pay.

Suppose the employee worked part of the holiday week. Because FMLA cannot be counted as an absence, the employee is entitled to payment for the holiday.

However, an employee on unpaid FMLA leave for the entire payroll week is not entitled to payment for the holiday. Shirley has been on FMLA from Dec. 1 to Feb. 1. She is not entitled to payment for the Jan. 1 holiday.

Depending upon how your payroll weeks fall, the employee may be entitled to payment for Christmas Eve and Christmas Day.