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FMLA & Holiday pay

I have an employee who was out on FMLA. During her leave she was paid using her unused sick time. She is inquiring about the holiday pay during her leave. Does being paid sick time during FMLA leave make her Eligible for holiday pay?

The U.S. Department of Labor, Wage and Hour Division states that “ if the employee is entitled to receive holiday while on paid leave (sick time or vacation) the employee is entitled to holiday pay when the paid leave is being substituted for unpaid FMLA leave”.

For example, if your policy on sick or vacation allows for a holiday to be paid during a period when an employee is using sick or vacation time, then they must be paid when using paid sick leave for FMLA. If an employee is not normally paid the holiday when on vacation or sick then you do not need to pay the employee for the holiday when substituting paid sick for FMLA.

In addition, if you do pay the employee for a holiday that day is not counted toward FMLA. The employee only receives 12 weeks of FMLA not 12 weeks and one day.

This entry was posted on Sunday, March 10th, 2013 at 12:45 pm and is filed under
Human Resources Management.
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