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To pay or not to pay

nancypnancyp 38 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Our policy states that you have to work the day before and the day after to receive hoiday pay. One of our employees worked the day before but took an FMLA day the day after due to a parent having a serious health condition. My question...
do they lose their pay or does FML protect them?

Please help
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  • 5 Comments sorted by Votes Date Added
  • NrdgrrlNrdgrrl 116 Posts
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    FML and pay are two separate things. FML protects their job, your policies dictate their pay. So if you have a policy that says you have to physically work, then no, they wouldn't be paid. However, were they able to use sick time the first day of their Leave? What happens to a regular ee that is on vacation the day after a holiday?
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  • Don DDon D 9,834 Posts
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    The answer to this question is not that simple. Our policy states almost the same regarding being in payroll status before and after the holiday. Except, if they call in sick and produce a doctor's note, the penalty is waived. Likewise, the person on FMLA would be able to do the same. There are other situations, possible even yours, where the law specifically states that the benefit must still accrue to the individual as it would have were it not for the instance of FMLA. Same with perfect attendance. FMLA must be waived in perfect attendance calculations.
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  • mushroomHRmushroomHR 583 Posts
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    It is my understanding that you cannot penalize someone for being on FML. Therefore, you would have to pay them the holiday just as you would for an employee who worked the day before and the day after the holiday.
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  • LindaSLindaS 1,510 Posts
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    We would pay them the holiday pay. Our policy states that the requirement of working the day before and the day after a holiday is waived if the employee has a doctor's slip so the FMLA certification, if the employee has been approved for intermittent leave, would act as the doctor's slip. The only time the employee wouldn't receive the pay is if they didn't work the entire week and was receiving STD payment.
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  • Don DDon D 9,834 Posts
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    Linda: What about your STD employee who is concurrently shown on FMLA, which they should be unless your policy for some reason states otherwise? Being on STD would not override the part of the regs that precludes your penalizing them for being on FMLA.
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