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Mar31

FMLA and holiday pay

Can an employee receive holiday pay that has come back to work intermittently while on FMLA?

The federal Family and Medical Leave Act (FMLA) entitles covered, eligible employees to take twelve workweeks in a twelve month period of unpaid, job-protected leave for specified family and medical reasons. Eligible employees are allowed to take FMLA leave for both unforeseen emergencies and planned absences involving the care and bonding with a newborn, adopted, or foster child; and to care for oneself or immediate family member with a serious health condition. FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances.

An employee on FMLA leave must be treated in the same manner as an employee on a comparable non-FMLA leave. So, if it’s company policy, and such policy is applied to all applicable staff consistently, to offer holiday pay only if employees meet certain criteria, i.e. work a full day prior to the holiday, then the same policy applies to an employee on FMLA leave. However, if there is no such policy and all employees are entitled to holiday pay then an employee on intermittent FMLA leave must be given the same entitlement.

 

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This entry was posted on Saturday, March 31st, 2012 at 3:46 pm and is filed under
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2 Responses to “FMLA and holiday pay”

  1. Jim DiFebo Says:

    I’ve been looking for days trying to find your answer in the Federal Register. I showed this to my HR and they wanted more information.
    Pretty much, they wanted to see it in black and white on the DOL website.
    I recently lost my holiday pay for Memorial Day, due to the fact that I had to leave 3 hours early the day before. My HR is telling me that I have to work my full scheduled shift the day before and day after the holiday in order to receive my holiday pay.
    What page do I look for the answer to show it to my HR?

  2. hrlady Says:

    Hi Jim,
    Please be aware that this website is normally reserved for HR Professionals/Employers. However, since the above answer has been revised we’ll provide clarification. The issue of benefits, including holiday pay, while on FMLA leave is addressed in CFR 825.209(h) and in an opinion letter dated December 7, 1993. Basically, employees on FMLA leave must be treated in the same manner as an employee on a comparable non-FMLA leave. So, if it’s company policy, and such policy is applied to all applicable staff consistently, to offer holiday pay only if employees work their full schedule the day before and after the holiday then the same policy applies to an employee on FMLA leave.
    DOL Fact Sheet #28I addresses the calculation of leave usage regarding a holiday. When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.
    We apologize if there was any confusion and hope this clarification helps you.

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