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Intermittent FMLA and Holiday Pay

If our policy states that an employee must work the day before and the day after the holiday to be entitled to holiday pay would this policy be applied to intermittent FMLA no matter how many hours they work in the week as long as they worked the day before and the day after? Thank you, Grace

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 and after the holiday, then the same policy applies to an employee on intermittent FMLA leave regardless of the number of hours worked during the week.

Also, be sure to follow the guidelines for calculating leave usage during a week with 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.


This entry was posted on Monday, June 16th, 2014 at 8:21 pm and is filed under
Labor Laws.
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