FMLA and Holiday Pay

norsmis · November 2007

I am pretty sure I know the answer to this question but wanted to get some input from others. Are we obligated to pay holiday pay to an employee during FML?

joannie · November 2007

Depends on your state law and your policy. Our holiday pay policy specifies you must work or be available to work both the day before and the day after a holiday and not be on any type of leave to be eligible for holiday pay; so, no holiday pay if on FMLA

Irie · November 2007

This subject has been discussed at great length in the past. Do a search of the FMLA section of this Forum and you'll find the discussions.

Earl · November 2007

Wow, I disagree. We pay holiday pay for those already on approved FMLA. You must treat them the same as all the rest of your employees. There can be no adverse treatment. Having a policy requiring you to be present the day before and the day after a holiday to receive holiday pay is not the same and don't lump it in with your FMLA.

On another note: If some one is on approved vacation/leave (not sick leave or calling out sick) right before a holiday - why wouldn't you pay them the holiday? That makes no sense to me. So, you don't allow long weekends?

norsmis · November 2007

FMLA is UNPAID time off, unlike vacation time or leave time. I agree with the others and have revised our policies to this. If the employee is not in an active WORK status, holidays will not be paid, to include FMLA leave.

NaeNae55 · November 2007

FMLA can be unpaid, or not. It depends upon your policies. We require employees to use all available paid leave while they are on FMLA. If they run out, their leave continues unpaid.

We do not require employees to work the day before or after, so we pay FMLA employees the holiday pay regardless of whether or not they were in an unpaid status or not (a working employee would have been paid if they were out of leave and missed the day before or after). The day does count towards their FMLA time, but that is all we do.

Good luck!

Nae

Earl · November 2007

It's not whether FMLA is unpaid or paid - it's whether there is an adverse action for them being on FMLA. You can't treat them differently than the other ees. If everyone else is getting holiday pay then the ee on FMLA should get holiday pay.

hrpagersd · January 2008

All employees on unpaid leave are not paid Holidays, this is the same for any unpaid leave, FMLA or Non-FMLA. All employees on Paid leave (including vacation/sick leave) are paid Holidays, FMLA or Non-FMLA.

FMLA and Holiday Pay

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